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(영문) 광주지방법원 2013.12.05 2013고단4999
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 D Bus.

On September 13, 2013, the Defendant driven a bus at around 07:50 on September 13, 2013, and went to the direction of the public bus terminal platform by getting passengers from the parking lot within the Yong-gu, Sungsung-gun, Sungsung-gun, Seoul.

At the same time, the public bus stops frequently move passengers. In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering direction and operation of the motor vehicle by accurately manipulating the steering direction and operation system of the motor vehicle.

Nevertheless, while the defendant is proceeding with a passenger aboard the bus without confirming that the passenger was in the vicinity of the bus, the defendant sent the left part of the victim E (n.e., 85 years old) and the left part of the bridge of the bus that was landed from the bus to the rear wheels of the bus, and had the victim go beyond the ground floor.

At around 08:43 on September 13, 2013, the Defendant caused the death of the victim by occupational negligence from G Hospital located in the F of the Jeonsung-gun, Sungsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of traffic accidents;

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

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 on the Suspension of Execution (i.e., the confession and reflect, the agreement was reached with most of the bereaved family members of the victim, the money was deposited for the remaining bereaved family members, and the defendant is a wife in which he/she should support the children with disabilities at present);

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