(영문) 부산지방법원 2017.04.26 2017고단89

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(영문) 부산지방법원 2017.04.26 2017고단89

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a bus driving that is owned by a new company and a new company (State).

On July 8, 2016, around 22:44, the Defendant proceeded from the direction of the river to the speed of about 48 km from the direction of the river to the direction of the Nakdong-dong along the connection route from the direction of the direction of the road along the direction of the road.

Since there is a crosswalk in which signal lights are installed, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and checking well the front door.

Nevertheless, the Defendant neglected this and tried to find out the victim F (54) who crosses the crosswalk to the right side of the port when the signal of the front side of the road is red signal due to negligence, and was faced with the victim with the head of the right side of the bus without being faced.

Ultimately, around August 30, 2016, the Defendant caused the death of the victim due to a acute respiratory disorder at the Busan-gu Busan-gu Busan-do Busan-do Hospital, which was located in 75 (Gain-dong), around 06:50 on August 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order led to a very serious consequence that the victim’s death was caused by the instant traffic accident.

The punishment as ordered shall be determined by taking into consideration the following factors: (a) the defendant reflects his mistake; (b) the bereaved family does not want the punishment of the defendant; (c) the degree of the defendant's breach of duty of care; (d) the victim has been negligent in the occurrence of a traffic accident; and (e)

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