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(영문) 의정부지방법원 2013.07.19 2013고단1396
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of buses C.

On April 15, 2013, the Defendant driven the above bus at around 22:40, and proceeded at about 63 km from the right side of the Kimpo Airport to the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the city of Gangseo-gu, Gangseo-gu, Seoul.

At night, there was an intersection where signal lights are installed at the front of the bus, so there was a duty of care to prevent accidents in advance by driving safely by reducing speed and checking the right and the right and the right of the bus driver.

Nevertheless, the Defendant neglected this and immediately left without reducing speed, and did not discover the victim D(47 years of age) who illegally crossed to the port from the right side of the bus driving direction due to negligence that did not look at the right and the right, and received the front side of the bus.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, which led to the death of the victim, such as submerging to the right side and overexplosion while he was sent to the hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Accident vehicles and on-site photographs;

1. A death certificate;

1. Protocol of inspection;

1. Investigation report (report on the results of verification of bus booms and video images) and the application of Acts and subordinate statutes on temporary suspension screen;

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 facts constituting an offense;

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

1. The negligence of the defendant with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, which is proceeding at a considerable speed in order to turn to the left without making a turn to the right at the intersection of the defendant.

Because of the serious result of the victim's death, the defendant's responsibility is unlimited, but the victim's fault who illegally crosss the victim without permission is considerable, in the night 12-line.

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