beta
(영문) 서울남부지방법원 2013.04.11 2013고단777

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year 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 February 8, 2013, the Defendant driven the above city bus around 20:50, and the Defendant came to the right way for one-way passage of the five-lanes in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to the right way from the area of the front line to the area of the new road.

There is a crosswalk in the front door, so in such cases, there was a duty of care to prevent accidents, such as checking whether a person who is engaged in driving service is free from any person to walk up the road, and driving slowly.

Nevertheless, the Defendant neglected this and found the victim E (the age of 47) who was walking on the top of the left side of the Defendant’s vehicle to the right at late later, and received the victim as the fronter of the bus.

Ultimately, the Defendant caused the death of the victim by occupational negligence as seen above due to cerebrovascular and cerebral macy at the Gindo F Hospital around 07:55 on February 12, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Bus CCTV images;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the victim has agreed with