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(영문) 수원지방법원 성남지원 2016.04.07 2016고단447
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a driver of C urban bus.

On December 4, 2015, the Defendant driven a bus at around 13:48 on December 4, 2015, and driven the bus at around the bus stops near the modern apartment complex located in 261 in the direction of the lower-nam city, along the two-lanes from the remote distance slope to the oil reservoir of the same region, and proceeded again after getting off the passengers.

At this point, there was a crosswalk in which signal lights were installed, and since passengers were unloaded at the bus stops, there was a duty of care to check whether a person engaged in driving service is a person who gets off the bus after getting off the bus and safely drive the bus to prevent the accident.

Nevertheless, immediately after passengers get off the bus, the Defendant continued to run as it was without neglecting the duty of care on the front side of the bus, and after getting out of the bus on the front side of the Defendant’s proceeding, received the victim D(79 years old) who was up to the right side of the bus from the right side of the Defendant to the right side of the road.

Ultimately, the Defendant caused the death of a victim by occupational negligence at the Gangseo-gu Seoul Metropolitan Government Gyeongdong University Hospital located in the 892 South-dong, Gangdong-gu, Seoul, where the victim was under transmission treatment after around 16:46 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographs (on-site and by-exploitor photo);

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

1. The serious result of the death of the victim was not verified because the defendant, who is engaged in driving village bus for the reason of sentencing under Article 3(1) of the pertinent Act of criminal facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act, does not properly verify the safety of the passengers getting lower. Considering that the defendant's driver's vehicle is covered by a comprehensive motor vehicle insurance policy, it is impossible to hold the defendant significantly liable for it, and the victim's bereaved family members agree with the victim.

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