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(영문) 수원지방법원 안산지원 2013.11.21 2013고단2281

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for three 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 D's bus, which is a school bus of a C childcare center located in Ansan-si B.

Around 16:05 on July 16, 2013, the Defendant driven the above van, and led the above C Child Care Center to the direction of the private zone in front of the 1323-8 dwelling in Ansan-gu, Seosan-dong. On the side road, the above C Child Care Center was lowered from the dynamic bank.

Since the housing is a place where pedestrian traffic is frequent on the side road, in such a case, there was a duty of care to check whether a person engaged in driving service has a pedestrian by reducing speed and by properly examining the right and the right of the road, and to ensure safe driving.

Nevertheless, the Defendant neglected this and got the victim E (1) who walked to the right side from the left side of the vehicle driving direction by his negligence, and continued to proceed with the above passenger wheeler, and led the victim to the head of the victim with the rear wheels on the front side of the passenger wheeler.

After all, the Defendant caused the death of the victim due to the above occupational negligence by the injury of the brain as a result of the ductal pelle and brain compression damage in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident-related photograph;

1. Application of Acts and subordinate statutes concerning autopsys;

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 on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the same Act (Article 62 (1) of the Act on the Punishment, etc. of Imprisonment without prison labor for the same crime in the same manner as the