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(영문) 서울서부지방법원 2018.04.26 2018고단591
교통사고처리특례법위반(치사)
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 bus in fishing in D New Airport.

On January 1, 2018, the Defendant driven the above vehicle at around 19:17, and proceeded three lanes in front of the bus stops for new bus stops in Eunpyeong-gu Seoul, Seoul, for unification of Eunpyeong-gu, from the string off to the string off of the 3-lanes on the street in front of the bus stops, and began after stopping in front of the bus stops and getting off passengers.

At the time, there was a pedestrian who was at night and was in front of the bus in order to board the bus of the defendant's driver.

In this case, the driver of the vehicle has a duty of care to observe the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident by accurately operating and safely operating the steering gear and the system.

Nevertheless, the Defendant neglected this and started the bus door in a state where it was not shut down completely without waiting the right and the right and the right and the right are not properly closed, and the face side of the victim E (68 tax) going beyond the vehicular road while going beyond the vehicular road in order to board the bus of the Defendant.

Accordingly, the defendant caused the death of the victim in his job by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. The application of Acts and subordinate statutes of the inspection report, investigation report (to attach image data on a witness vehicle and a witness vehicle boom); and the application of statutes of the inspection protocol;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The victim's bereaved family members do not want the defendant's punishment, and circumstances unfavorable to the defendant who does not have the same criminal record: the victim's death occurs.

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