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(영문) 청주지방법원 제천지원 2018.02.08 2017고단403
업무상과실자동차전복
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 service of an express bus BFX212.

On August 8, 2017, the Defendant driven the express bus above the speed of 17:10 on August 17, 2017, and proceeded at the speed of about 102 km from the Chuncheon to Busan, the central expressway Busan, located in Chungcheong-gun, to the end of 2:47.2K from the Busan to the end of the two-lane.

At the time, a truck with a private guard for construction work was stopped at the rear side of the construction site, and two signal numbers were notified that the truck is under construction work by receipt of a vehicle driving in the two-lanes. Therefore, the driver of the motor vehicle has a duty of care to grasp these circumstances in advance and reduce the speed, and to prevent the accident in advance by changing the lane.

Nevertheless, the Defendant neglected to do so and did not see the front section of the C(56) on the left side of the express bus operated by the Defendant and was on board the C(56) due to the negligence on the left side of the express bus.

D 공사용 사인 보드 트럭의 뒷부분을 들이받아 위 트럭으로 하여금 20~30m 가량 튕겨 나가 갓길 우측 난간에 부딪힌 후 좌측으로 전복되게 하였다.

Ultimately, the Defendant transferred a motor vehicle in which people exist due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement made by the police for E;

1. C’s statement;

1. One set of black boxes and video CDs;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 189 (2) and 187 of the Criminal Act concerning the choice of punishment;

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

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the Defendant’s age, occupation, sex, family relationship, and crime.

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