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(영문) 창원지방법원 통영지원 2013.10.08 2013고단583

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the Lone Star bus and is in charge of Csports.

On January 16, 2013, the Defendant: (a) driven the above vans to return home to the students who had finished an election campaign at the above gymnasium on January 18:25, 2013; and (b) had the front of the gymnas to be kept at the gymnasium in the front of the gymnasium.

In such a case, the Defendant had a duty of care to prevent accidents, such as driving a vehicle, after checking whether the student was safely boarding or leaving the vehicle at the time of getting on or off the vehicle, as the head of the gymnasium was on the gymnasium.

Nevertheless, the Defendant neglected this and neglected the victim D(seven years of age) to get off from the above line, and caused the victim to go beyond the ground floor due to the negligent negligence of 5 meters in progress without confirming the fact, while the victim’s name was left back from the back of the line, and the victim’s head and face were assigned to the back of the said line.

Ultimately, at around 20:21 on the same day, the Defendant caused the death of the victim due to the injury to external wounds in the F Hospital E in Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of inspection;

1. Written appraisal (No. 16 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing in Article 62-2 of the Social Service Order Criminal Act, the Defendant’s imprisonment without prison labor is recommended for four to ten months (the recommendation for the mitigation area of the type of “accident resulting from traffic accident” (the recognition of a person not subject to punishment as a special mitigation factor)). The Defendant’s crime of this case leads to seven years of age.