logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.16 2014고단5281
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 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 of the city bus.

On December 23, 2013, the Defendant driven the above urban bus around 13:40 on December 23, 2013, and became to board and depart from the three-lanes of the three-lane road in the way that the bus stops in Seoul, Jung-gu, Seoul, Seoul, toward the direction of the land-based entrance.

At that time, the victim E (the age of 80) was fasted on the bus and was frighter to the right side of the bus because the bus stops by a large number of ordinary bus, and many bus users walk up to the road, get on the bus, get off the bus between the road, and pushed off the bus, etc. At that time, the victim E (the age of 80) was in a state of sticking to the bus, and the bus was in a state of sticking to the lower right side of the bus. Therefore, the defendant, who is engaged in driving the bus, has a duty of care to check whether the victim such as the victim is pushed down on the bus, whether there is any danger of shocking the victim in proceeding the bus, and whether there is a duty of care to drive the bus.

Nevertheless, the Defendant neglected this and went beyond the ground floor to the lower right side of the bus, without verifying the situation accurately, and went back the bus and served the part of the victim's purchase with the rear wheels of the bus.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on December 31, 2013, at the Gangnam-gu Seoul Special Metropolitan City Doro 211 Gangnam-ro Doro 211, which is being treated as hospitalization at around 22:31, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the police statement concerning F;

1. Each photograph;

1. Video recording devices of the skin vehicle;

1. Comprehensive traffic accident analysis report;

1. The actual condition survey report;

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

1. Relevant Articles of the Act concerning the facts constituting the crime;

arrow