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(영문) 서울북부지방법원 2018.04.05 2018고단402
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the city bus.

On October 13, 2017, the Defendant was driving a bus around 20:15, and was stopped in order to get passengers get off or get off at the F bus stops located in Gangnam-gu Seoul Metropolitan Government.

In such cases, after confirming that the passengers are fully boarding or leaving the bus, there was a duty of care to prevent the passengers from getting out or falling off, such as closing the bus door.

Nevertheless, the Defendant neglected this and caused the victim G (the 55 years old), which is a passenger who was lowered from the bus in a bed bus, to go beyond the bottom of the bus, even though the plastic bed, which was brought by the victim, was put in the rear door of the bus, but due to occupational negligence that closed the door and start the door, and caused the victim to go in the rear door of the bus.

Ultimately, due to the above negligence, the Defendant caused the death of the victim due to the injury to the scarcity on the same day at around 20:48 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. A death certificate;

1. Application of investigation reports (the situation immediately after an accident, the first aid crew members, and the statements of 119 reporters) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the victim died due to the instant accident, and the result is very serious.

The life of a person may not be compared to what is, and the nature of the crime of this case committed by a person who is long as he or she takes the life of a person shall be deemed to be weak.

subsection (b) of this section.

However, the process of the accident of this case is examined.

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