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(영문) 인천지방법원 부천지원 2017.02.09 2016고단3397
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of modern city bus B.

On November 1, 2016, the Defendant was driving a bus at around 15:45, and was driving the front road of the Seocheon-gu, Seocheon-si D from the private-distance flood of the Seocheon-si to the private-distance flood of the father-gu, Seocheon-si, but stopped at the right-hand bus stop on the road and resumed.

In this case, the bus driver who stops to get passengers to get off the bus has a duty of care to safely start the bus after checking the passengers' getting off and getting off the bus, and thereby preventing the passengers from falling off the bus.

Nevertheless, the Defendant neglected this and caused the victim E (the age of 83) to leave the bus with the rear door of the bus due to occupational negligence, which started from the bus in the open state, and led the victim E (the age of 83) to fall on the road, and imposed the part of the back wheels of the bus operated by the Defendant to the right side of the bus.

Ultimately, the Defendant caused the death of the victim by an occupational negligence as an ambassador.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A fact-finding survey report, a traffic accident occurrence report, and a death diagnosis report;

1. Application of each statute on photographs;

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. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of the recommended punishment] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] General Traffic Accidents No. 2 (Crime of Special Reduction or Exemption) [the person subject to Special Reduction or Exemption] Punishment Non-Punishment [the sentence] of the mitigated area (the person subject to Special Reduction or Exemption] The crime of this case was committed in the case where the defendant did not discover the victim who was unable to get out of the ship as a bus driver and did not find the victim who was forced to get out of the ship time and died, and the result of the crime was serious, but the defendant recognized his mistake on the other hand.

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