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(영문) 광주지방법원 2014.03.13 2013고단6368
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On November 26, 2013, the Defendant, who is engaged in the bus driving service B, driven the bus at around 07:40 on November 26, 2013, driving a three-distance at the entrance of Sam-nam apartment in the Seo-gu Pungdong, Seo-gu, Gwangju, on the side of the new cancer teacher's distance.

At the time, the attendance time is around the day, and there is no signal signal at the front door, so the driver of the motor vehicle has a duty of care to check whether there is a person to walk the crosswalk well and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed with the victim C (n, 14 years old) with the above bus, leaving the victim over the floor, and continuing to go beyond the floor, resulting in the death of the victim due to "damage to cerebral Bribery", etc. with the back wheels of the above bus with the victim facing the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account all the circumstances, including the fact that the defendant has reached a criminal agreement with his/her bereaved family members and the defendant has no criminal record);

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