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(영문) 서울북부지방법원 2016.01.14 2015노1901

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months without prison labor) is too unreasonable.

2. The Defendant’s crime of this case was committed on the road where the traffic of children is frequent at an elementary school in front of the bus. While the Defendant had occupational duty of care to prevent accidents by driving the bus with thorough operation of the steering direction and operating the steering gear accurately, the Defendant did not discover the victim E (7 years old) who was trying to cross the road to the port from the right side of the bus due to negligence when he neglected to operate the air-conditions installed on the bus and neglected to do so, and did not take care of the road to the left side, while driving the bus on the road where the passage of children is frequent, it appears that the Defendant got out of the front side of the bus with the rear wheels of the bus, resulting in the death of the bus after two injuries after about 50 minutes, and the degree of violation of the Defendant’s duty of care was serious, and the Defendant’s death and injury to his bereaved family members did not appear to have been punished for more than six months due to the Defendant’s fault, etc. The Defendant’s death and injury to the victim’s bereaved family members.