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(영문) 수원지방법원 성남지원 2015.05.07 2014고단2917
교통사고처리특례법위반
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a bus No. 112.

On August 30, 2014, the Defendant driven the above vehicle at around 23:15, while proceeding five lanes in front of the F.C. E from the ecological park of Gangdong-gu Seoul Metropolitan City to the lower-si bank, the Defendant: (a) was negligent in neglecting the duty of care to prevent accidents by accurately operating the steering direction and brakes; and (b) was negligent in driving the front bank without due care to prevent accidents; (c) discovered the victim H who was coming from the center near the center line to the lower-west bank of the city; and (d) did not escape from the right side of the bus at the right side; (d) did not escape from the right side of the bus at the end of September 31:59, 2014; and (e) caused the victim to die in front of the road at the Dong-dong University located in Gyeyang-gu, Busan Metropolitan City on September 27, 2014.

Summary of Evidence

1. Partial statement of the defendant;

2. A traffic accident report (1, 2);

3. The inquiry inquiry report.

4. A death diagnosis report;

5. Application of the Acts and subordinate statutes on black, video and CD-recordings

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts. Article 268 (Selection of Fine)

2. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse is as follows: although the victim died in the instant case, the victim’s negligence was very heavy by leaving the center line near the ten-lanes of the route, at the time of the accident, it appears that it would not be easy for the defendant to avoid the accident by discovering the victim in advance due to the impact of the headlight of the vehicle driven at the opposite lane, and it would not be easy for the defendant to find out the victim in advance due to the impact of the headlight of the vehicle driven at the opposite lane, and the fact that the comprehensive insurance is subscribed to and agreement with the bereaved family

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