(영문) 수원지방법원 평택지원 2015.11.26 2015고단1342

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자간(%)

(영문) 수원지방법원 평택지원 2015.11.26 2015고단1342

교통사고처리특례법위반

Text

Defendant

A Imprisonment without prison labor shall be punished by a fine of 200,000 won, respectively, in one year and six months.

Defendant

B and C, respectively.

Reasons

Punishment of the crime

1. Defendant A was a person engaged in driving a Ftoscar car, and was going to drive a road in front of H children protection zone in Pyeongtaek-si on August 28, 2015, around 15:00. At this point, Defendant A, a child protection zone, and thus, a person engaged in driving a motor vehicle, has a duty of care to pay attention to the safety of children walking along the road and to prevent accidents in advance by taking account of the right and the right and the right of the road, but the Defendant failed to discover the victim I (6 years of age) who passed the road due to negligent negligence while neglecting the duty of care, and did not discover the victim I (6 years of age) who passed the road while getting the victim from the front right side of the motor vehicle of the Defendant, leading the victim to the death of the victim from a brain injury at the Ga Hospital located in Pyeongtaek-si on August 16: 28, 2015.

2. Defendant B: (a) is a driver of any school bus for children with Lone Star or 15 passengers; (b) is a driver of any school bus for children who does not have a guardian who helps children get on or get off the school bus; and (c) is required to confirm the safe getting on or off the school bus when children get on or get off the school bus; (d) but at around 15:00 on August 28, 2015, Defendant B was seated on the driver’s seat without confirming the I’s getting on or getting off the vehicle when the children get on or get off the school bus.

3. The Defendant C’s employee violated the Defendant’s duty as described in paragraph (2) with respect to the Defendant’s work at the time and place described in paragraph (2).

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspects;

1. Statement of each police station (M, N);

1. The actual survey report and the occurrence of traffic accidents;

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

1. The pertinent Article of the Criminal Act and the defendant A. of the choice of punishment.

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