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(영문) 창원지방법원 진주지원 2015.02.04 2014고단1130

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of city buses belonging to Jinju Civil Buses B, BS106.

On September 29, 2014, the Defendant driven the above bus at around 14:10, and started again after stopping to get passengers getting on or off at the bus stops at the Jinyang-gu, which is the opposite side of the Jinyang-gu, Seoul Special Metropolitan City.

In this case, the person engaged in bus driving has a duty of care to look at whether passengers have completed getting off or getting off the bus, to close the entrance, and to start safely.

Nevertheless, the Defendant neglected to do so and immediately open the front entrance, and caused the victim C (the 57 years old) who was on board the bus due to the negligence in the course of business, which started rapidly, to lose balance and fall on the road.

Ultimately, the Defendant suffered double injury on the part of the above victim due to occupational negligence, and as a result, around 03:04 on September 30, 2014, the Defendant caused the death of the victim from brain death at the Gyeongju University Hospital located in Jinju-si, Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of victims of accidents;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is one of the cases where the defendant's accident of occupational negligence starting immediately without opening the bus entrance and resulting in the death of the victim who was on board the bus. However, although the defendant committed the crime, the defendant is divided while committing the crime, the defendant's bereaved family members and the bereaved family members of the victim agreed smoothly, and the bus operated by the defendant is the National Federation of Bus Transport Business Association.