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(영문) 서울남부지방법원 2014.04.16 2014고단404
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving of E-city bus owned by D Co., Ltd.

On January 29, 2014, the Defendant driven the above bus at around 14:05, and driven the 306 intersection (306 intersection), as the city interest in Geumcheon-gu Seoul Metropolitan Government, along the two-lanes of the city interest distance, from the front line to the front line, the two-lanes of the two-lanes in the direction of the city interest distance. As such, the Defendant was obliged to pay a duty of care to ensure the sufficient safety distance to avoid when the said motorcycle stops for the safety of passengers in the vehicle.

Nevertheless, the Defendant neglected this and found the above motorcycle which was stopped in close vicinity and stopped according to the stop signal, and caused the rear part of the above motorcycle to the front end of the bus and caused the head to go beyond the victim H(75 years old) who was on board the bus.

Ultimately, the Defendant caused the victim’s death by occupational negligence on January 30, 2014, at around 17:03, while treating the victim in the emergency room of the I Hospital, due to the cerebral macy caused by the blood transfusion and the propal spatha, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Although the nature of the crime is inferior in light of the fact that the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing below) occurred, the degree of the defendant's negligence in the occurrence of the traffic accident in this case, and the occurrence of the victim's death due to the accident, the defendant's mistake is recognized and reflected.

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