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(영문) 서울남부지방법원 2014.12.19 2014고단4136
교통사고처리특례법위반
Text

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

except that 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 a bus B.

At around 22:10 on September 13, 2014, the Defendant proceeded about 57 km from the border area to the 67-lane, Guro-gu Seoul Metropolitan City, the 67-ro, Jin apartment, the front side of the 57-km, along the 4-lane, toward the e-mail underground streets.

At the time, a crosswalk was installed at night and at the front door, so in such cases, there was a duty of care to prevent accidents in advance by driving safely, such as reducing the speed and checking well the front door.

Nevertheless, the Defendant neglected this and went into operation, and found the victim C (the 60-year-old) to left from the right side of the direction of the Madern Defendant’s course late, and changed the direction to the left side in order to avoid this. However, the Defendant did not avoid it and did not take the head part of the victim’s head to the right side of the bus of the Defendant and did not go beyond the floor.

Ultimately, around September 13, 2014, around 22:17, the Defendant caused the death of the victim due to the said occupational negligence, such as cutting the body of the victim, at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The punishment as shown in the Disposition shall be determined in consideration of the following: (a) the reason for the suspended sentence under Article 62(1) of the Criminal Act, including: (b) the fact that there is no criminal record other than the punishment once due to a fine provided for in Article 62(1) of the Criminal Act; (c) the bus mutual aid association is admitted to the bus mutual aid association

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