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(영문) 부산지방법원 2014.12.12 2014고단7618
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving village buses B.

On July 19, 2014, the Defendant driven the above bus around 17:05, and proceeded at a speed of about 20km from the right edge distance to the eth of agricultural cooperative road of the front Do road located in the Young-gu Busan Metropolitan City, Busan Metropolitan City.

Since the place was in front of the road where the unauthorized crossing was frequent, there was a duty of care to safely drive the vehicle driving employee by checking well the right of the front line.

Nevertheless, the defendant neglected this and did not discover the victim E (if 82 years old) who illegally crossed the road from the left side of the bus of the defendant without permission from the defendant's negligence, and did not discover the victim E (if 82 years old), and let the victim go beyond the road with the front wheels of the bus, and served the victim with the rear wheels of the bus.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence, such as double dulverververization, bulverization, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning death diagnosis and accident-related photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor in consideration of the fact that the defendant involved in death without many negligence;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no criminal history that can be specially considered, the fact that there is negligence on the part of the victim, and the fact that there is an agreement with the bereaved family

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

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