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(영문) 대전지방법원 공주지원 2014.05.30 2014고단33
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus E.

On November 3, 2013, around 18:17, the Defendant was going to proceed bypassing to the slope of the entry into the parking lot of Yari-ri, Yari-ri, Yari-ri, Yari-ri.

At this point, there is no lane as a tourist parking lot, and the victim F (F, F, 78 years old) go on the right side from the left side of the defendant's running direction, so in such a case, the driver of the vehicle has a duty of care to take into account the traffic situation of the front side and to prevent the accident by accurately operating the steering system and operating the steering system of the vehicle.

Nevertheless, while the Defendant neglected to do so and obstructed the traffic situation of the front bank, the victim walking with the front wheels part of the Defendant's vehicle wheel, and served both of the victim's legs.

Ultimately, at around 20:20 on the same day as above by occupational negligence, the Defendant caused the death of the victim at H Hospital located in G at the time of public housing by the symptoms of low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Protocol of inspection;

1. A death certificate;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual condition survey report, the accident site, and the photograph of the deceased;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the past history of criminal punishment for a traffic accident crime, the Defendant caused the instant crime and caused the death of the victim.

However, the defendant seems to have made every effort to rescue the victim immediately after the crime of this case, and the defendant does not want criminal punishment of the victim's bereaved family members by mutual consent with the victim's bereaved family members.

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