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(영문) 의정부지방법원 고양지원 2013.07.04 2013고단718
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving a bus C.

On December 6, 2012, the Defendant driven the above bus around 09:47, and became to enter the Hansan Hospital from the front side of the bus stop of the 1,2 complex 1, 2 complex bus stops in Yongsan-gu, Manyang-gu, Busan-do.

At the same time, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and accurately manipulating the steering and brakes, for those engaged in driving service.

Nevertheless, the Defendant neglected this and caused the victim D (years 64) who was waiting for the bus platform while entering the bus stop, to go beyond the ground floor by shocking it with the right corner of the bus fronter, and then covered the victim's right edge while the bus stop collapses and the glass protection door collapses.

As a result, the Defendant caused the victim to suffer cerebrovasa from the above occupational negligence, and thereby caused the death of the victim around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. A victim's photograph, an accident site photograph, and a black fluore photograph;

1. A death diagnosis report and a written record of autopsy;

1. Application of statutes to emergency medical services areas;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act (the occupation of death by occupational negligence, occupation of

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The defendant's snow for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, and the safe driving of a road shall be conducted with due care, compared to any other time after the surface is found out;

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