beta
(영문) 부산지방법원 2015.05.01 2014고단10330

교통사고처리특례법위반

Text

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

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 the city bus.

On July 31, 2014, around 11:17, the Defendant proceeded at a three-lane road in front of the “F cafeteria” located in Busan City, Jin-gu, Busan, along the three-lane distance from the children’s substitute park, at a speed of 25 kilometers per hour.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take care of the pre-accident and prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and found the victim G (the age of 84) who cross the crosswalk to the right side of the pedestrian red signal on the left side by his negligence, and did not avoid it, and had the above victim go beyond the ground floor by taking the front side of the bus left side of the Defendant.

Ultimately, around October 25, 2014, at around 17:59, the Defendant caused the death of the said victim due to the above occupational negligence by an I Hospital located in the Dong-gu Busan Metropolitan City, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of autopsy and written diagnosis of death;

1. The actual condition survey report, the traffic accident report, the photograph of the traffic accident, the internal investigation report (Visits survey), the confirmation of the investigation report-Blue image, the investigation report-site investigation, the investigation report-field investigation, the on-site investigation and analysis photograph, the Road Traffic Authority's traffic accident investigation and analysis report, the inquiry report on the results of the investigation and analysis of the traffic accident, and the application

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor in consideration of the severe result of the death of a victim selected to receive punishment;

1. Suspension of execution: Article 62(1) of the Criminal Act (i.e., purchase of a comprehensive insurance policy, agreement with the bereaved family members, and any other special convictions that may be taken into account to the accused) for sentencing [decision of types] of general traffic accidents (Death, etc. of traffic accidents) (Article 62(1) of the Criminal Act - mitigated factors: