(영문) 대전지방법원 홍성지원 2014.01.22 2013고단1001

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(영문) 대전지방법원 홍성지원 2014.01.22 2013고단1001

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

At around 21:40 on June 15, 2013, the Defendant, who is engaged in the driving of Lone Star bus, was driving the said bus with a yellow-rate of 1st bus stops located in the impulse of the city of Boli-si, the Defendant driven the said bus along the one-lane of ring-si bus stops from the Jeju-si area to the ring-do area.

At the time, since weather flows at night, there was a duty of care to reduce the speed and to see the front left by the driver.

Nevertheless, the defendant neglected this and did not discover the victim D (the age of 64) who crosses the road on the right side of the defendant's proceeding, and shocked the front side of the defendant's driving vehicle, thereby causing the victim's death due to diversification damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A corpse of corpse;

1. An investigation record (48 pages of investigation records);

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis and replies;

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. Although the sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order caused a traffic accident by the defendant's occupational negligence and resulting in the death of the victim, the defendant has agreed with the victim's bereaved family, and it seems that the defendant has yet to be the first offense, and the confession of the crime in this case is against the defendant, and the vehicle of the defendant's driver is considered as the factors of sentencing favorable to the defendant. The vehicle of the defendant is considered as the factors of sentencing, and the defendant's age, character and behavior, environment, and all of the conditions of sentencing specified in the records and arguments of this case,

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