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(영문) 광주지방법원 2013.07.19 2013고단2056

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving buses C.

On April 11, 2013, at around 17:25, the Defendant proceeded bypassing from the right side to the right side of the city to the right side of the west, the road that is one-lane ahead of the Busan Mine-dong Busan Metropolitan City Mangsan mountain-dong.

The location has a bus platform in front of a crosswalk that does not have a signal signal for the right-of-way defecter, and in such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets at the right-hand side to reduce speed and the right-hand side and the right-hand side, and to safely drive the road.

Nevertheless, when the defendant, due to negligence while neglecting this, tried to stop the above bus while bypassing the crosswalk, the defendant d (the 16-year old age) faced the victim D (the 16-year age) who walked the above bus with the right side of the above bus, was shocked to the right side of the above bus, and turned the victim over the floor, and set the chest part of the victim's chest toward the right side of the above bus.

Ultimately, the Defendant caused the victim's death at the E hospital at around 19:10 on the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to on-site photographs and written results of autopsy;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing is very difficult to find out that the crime of this case committed by the Defendant, which was committed by the Defendant, results in the death of the minor victim. However, the Defendant led to the confession of the crime of this case, the Defendant agreed with the bereaved family members of the victim, and the said bereaved family members wishing to take the Defendant’s wife (referring to the court sentencing investigator’s sentencing investigation report), and the Defendant’s vehicle is admitted to the bus mutual aid association, thereby contributing to the compensation of the victim’s bereaved family members.