(영문) 광주지방법원 순천지원 2014.09.17 2014고단358

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(영문) 광주지방법원 순천지원 2014.09.17 2014고단358

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for 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 driving a bus B.

Around 12:40 on February 12, 2014, the Defendant driven the bus and proceeded at a speed of about 5 km per hour in the direction of the mountain police box in the direction of the mountain police box in the Ya apartment, which is located in the front direction of the original village village platform in the Yadong-gu, Yanam-gun.

Since there is a bus platform, a person operating a bus has a duty of care to prevent accidents by accurately manipulating the steering gear and brake system in accordance with road conditions, as well as by properly examining whether there is a pedestrian on the front and rear side of the vehicle prior to the departure.

Nevertheless, the Defendant neglected to do so and did not see the victim C (n, 85 years of age) who was in the vicinity of the front corner of the bus due to the negligence of leaving the bus, and caused the victim to be shocked by the top top panion of the bus, and caused the victim to reverse the victim with the front wheel of the bus, and caused the victim to die due to the cardiopulmonary stop due to the chest dives of the bus at around 12:45 on February 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on a written autopsy;

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, and selection of

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant is against the defendant, the fact that there is no criminal record exceeding the fine, and the fact that he/she

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

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-대법원 1988. 9. 27. 선고 88도833 판결

-전주지방법원 2015.11.10 2015고단1480

-대법원 1984. 7. 10. 선고 84도687 판결

-부산지방법원 2008.10.10.선고 2008고단1429 판결