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(영문) 수원지방법원 성남지원 2016.04.18 2015고단3155
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a village bus owned by a mining village bus company.

On November 2, 2015, the defendant driving the above village bus around 18:40 on November 2, 2015, let passengers board the bus stops in front of the Agricultural Technology Center located in the wooden-dong in Gwangju-si, and started the above village bus from the Sungnam-si to the erode of Gwangju-si and proceeded one lane at a speed of about 10km each hour.

In such cases, the defendant engaged in driving service, such as village buses, has a duty of care to prevent accidents in advance by safely driving by checking the right and the right and the right of the passenger prior to stopping after checking the safety of passengers getting on and off.

Nevertheless, the Defendant neglected to take passengers on the front door of the bus, and did not look at the front side and the left side of the bus, and did not find the victim C (78 years of age) who was set up in order to board the village bus in front of the village bus in front of the village bus, and did not find the victim C (78 years of age) who was set up in front of the village bus, and got the victim into the front part of the village bus and her chest part of the victim's chest that was going beyond the road, with the front wheel and the front wheel part of the road.

Due to the above occupational negligence, the Defendant caused the victim to die due to the heart marst, etc. at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A death certificate;

1. Application of the relevant Acts and subordinate statutes to field photographs, carcass photographs, and case photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the suspension of execution (including the fact that there is no criminal conviction of a punishment or a heavier punishment, and that the bereaved family members do not have the punishment of a defendant by mutual consent with the bereaved family members).

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