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(영문) 부산지방법원 동부지원 2016.04.07 2015고단1989
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2015, the Defendant, who is engaged in driving of city buses No. B 101, stopped at the bus stops located in Busan Southern-gu, Busan-gu, Busan-do, and lowered passengers.

In such a case, the bus driver has a duty of care to prevent passengers from falling off the bus by safely starting the door after checking passengers' getting on and off the bus.

Nevertheless, the Defendant neglected this and caused the victim E (the age of 78) to lose the center from the bus departing from the bus that start through the back of the bed, thereby falling down from the bus, and led the victim to fall down with the rear wheels of the bus.

Accordingly, around November 27, 2015, the Defendant caused the victim's death by occupational negligence at Busan National University Hospital located in Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared by E;

1. A traffic accident report or an occurrence of a traffic accident;

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 suspended execution (including the fact that the defendant is recognized to commit the crime of this case and the defendant's driver's vehicle is admitted to the mutual aid association of the National Federation of Bus Transport Business Associations);

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