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(영문) 서울남부지방법원 2019.10.01 2019고단3211
업무상과실치상등
Text

Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 100,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is in charge of the “C” seal in the 5th floor of the Yangcheon-gu Seoul Metropolitan Government building, and is a driver of school vehicles operated in the above Taekwondo painting, who is engaged in the D Costex driving.

1. Around 12:55 on May 17, 2019, the Defendant injured by occupational negligence: (a) driven the above combined car; (b) laid down the victim G (7 years old) who was sent down from the latter part of the F Elementary School located in Yangcheon-gu Seoul Metropolitan Government E, and arrived at the seal; and (c) stopped in order to have the victim get off in the above painting parking lot on the first floor.

In such cases, there was a duty of care to accurately verify the list and number of children on board the vehicle for those who are engaged in driving of the school vehicle, and to verify whether there are children who are not left in the vehicle at the time of the completion of the operation of the school vehicle.

Nevertheless, the Defendant neglected to check the list and number of children who left the vehicle without properly checking the list and number of children who left the vehicle, and without examining inside the vehicle, closed the door of the above vehicle and entered the door with the seal and left the vehicle so that the victim left the vehicle for about 50 minutes.

Accordingly, the Defendant suffered from an injury to the victim, such as acute stress reaction that requires treatment for about six months due to such occupational negligence.

2. Violation of the Road Traffic Act;

(a) An operator of any school bus for children shall operate the school bus for children with its protectors aboard when they board the school bus;

Nevertheless, while operating the “C” seal at the date, time, place, etc. described in paragraph (1), the Defendant operated the school bus without having the guardian aboard while operating the D D joints with a view to getting children to and from school.

(b) A driver of any school bus for children in violation of the Road Traffic Act shall have children or infants after the operation of such school bus;

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