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(영문) 수원지방법원 2016.03.18 2015노5600
교통사고처리특례법위반
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C. Judgment on Defendant C is not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant C (1) has a duty of care to assign the assignee at the lower place of the passenger car, etc. to Defendant C (the director of a child-care center) who is the director of the child-care center.

It is difficult to see that the above defendant violated the duty of care given to the above defendant, even though the above defendant fulfilled the duty of care given to the above defendant, such as allowing the vehicle guidance teacher of the children's school bus to transfer the children who used the children's school bus to the guidance teacher inside the child care center.

A judgment of conviction against Defendant C was pronounced.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2) The sentence against Defendant C (two years of suspended sentence in October) of the lower court’s improper sentencing is too unreasonable.

B. The Prosecutor’s sentence against the Defendants (two years of suspended sentence in the year of imprisonment with labor for Defendant A, two years of suspended sentence, and ten years of suspended sentence in the year of imprisonment with labor for Defendant B and C) is too uneased and unreasonable.

2. Determination

A. As to the grounds for appeal by Defendant C, Defendant C is the president of the “J Child Care Center” located in Gyeonggi-si from around December 2013 to the head of the “J Child Care Center” located in Gyeonggi-si from around December 2013.

Defendant

C around 10:08 on March 10, 2015, around 10:08, by using K 25 passenger New-Ka Twit bus, which is an original school bus of J Child Care Center, to move back to the original students of J Child Care Center.

At the time, the distance between the entrance and the lower branch of the childcare center at the time is about 14 meters, and 16 children, such as young children under the age of 14 meters, are on board the vehicle. In such a case, Defendant C, the head of the childcare center, assigned the assignee at the lower place of the above van and assigned the teacher to take over the infants who are on board the vehicle, and the vehicle guidance teacher directly leads the infants who are on board the vehicle to take over the vehicle.

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