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(영문) 부산지방법원 동부지원 2015.06.10 2015고단383
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of urban buses No. 23 to which C new passengers belong.

On January 30, 2015, the Defendant driven the above bus at a speed of about 3 to 7 km in order to park the above bus at a new passenger's garage located in the Southern-gu Busan Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent the occurrence of accidents, such as viewing the rear side, accurately operating the steering gear and operating the steering gear, and allowing another person to give water signal for the future.

Nevertheless, the Defendant, while driving a bus without neglecting it, did not discover the victim D (the age of 58) who was walking behind the bus and did not find the victim D (the age of 58) due to the subsequent part of the bus, and got the victim back to the ground due to the subsequent part of the bus due to the occupational negligence, and had the rear wheels of the bus go back to the ground, and had the victim take the head of the victim over, and caused the victim's death in the workplace due to high damage to the two sides of the bus.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 20 million won for the sake of the defendant's negligence, degree of the victim's bereaved family members, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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