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(영문) 제주지방법원 2013.05.01 2013고단293
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 buses C.

On February 6, 2013, the Defendant was driving the above bus on the 10:17th day of February, 2013, and was stopped to get passengers to get off and get off the bus at the front bus stop in the Han-gu, Seoul Special Metropolitan City.

In such cases, the defendant engaged in bus driving service has a duty of care to prevent accidents in advance by ascertaining whether all persons getting on and off the bus have completed the bus, and starting safely after the entrance is closed.

Nevertheless, the Defendant neglected this and did not confirm the access of the victim D (the age of 80) to get on the bus through a bus after the rear light, etc., but started with the victim's neck without knowing that the victim's neck was sticked to the bus entrance, and charged the victim's breast side to the right edge of the bus.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence due to the damage of chest pressure in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map, on-site photograph, and on-site survey report (1) (2);

1. Investigation report (verification of video images installed in a shielded vehicle);

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the defendant with the same criminal history as the defendant, and a bus driver who specializes in driving duties has a high level of duty to prevent accidents by closely examining the passengers' getting on and off, which led to the crime of this case even though he/she has a high level of duty to prevent accidents, the defendant is divided in depth, and the victim's bereaved family members agree with the victim's bereaved family members.

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