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(영문) 부산지방법원 2016.05.12 2016고단693
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 who is engaged in driving of C urban buses.

On December 30, 2015, around 10:35, the Defendant driven the bus in front of the Gupo-dong in Busan, Northern-do, and proceeded along the two-lanes between the two-lanes from the surface of the Gupo-do to the intersection of the Jpo-do.

Since there are a large-scale traditional markets in the vicinity, there are many pedestrians, in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance by putting the steering gear and brakes accurately according to the traffic condition of the location and accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected to do so and proceeded as it was caused by the negligence of the defendant's failure to do so, and the victim D (Woo 79 years old) who dried a road on the right side from the left side of the running direction of the bus of the defendant's person was in front of the bus.

Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the aforementioned 16:10 of the same day by causing the victim’s death from the acute brain pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reports on traffic accidents and investigation reports;

1. Application of each statute on photographs;

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The sentencing of Article 334(1) of the Criminal Procedure Act does not relax the Defendant’s responsibility by driving the Defendant’s negligence on the ground of the sentencing of the provisional payment order, such as the death of the victim, but the negligence of the victim also affected the accident, and the Defendant agreed smoothly with his bereaved family members, etc. shall be determined as ordered by taking into account the circumstances and contents of the instant case, circumstances after the accident, the Defendant’s age, sexual behavior, environment, etc.

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