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(영문) 수원지방법원 2018.09.18 2018고단4247
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 running a city bus B.

On June 22, 2018, the Defendant, driving a bus around 11:16, was again stopped in order to get off or off passengers at the bus stops while driving a brick bluing road 2, a 54-lane 54-lane at the head of Suwon-gu, Suwon-gu, Suwon-si, and driving a stop in order to get off or off passengers at the bus stops.

In such cases, the bus driver has a duty of care to close the bus door and start safely after confirming that the passengers board and alight completely.

Nevertheless, even though the victim C (n, 86 years old), who was a passenger of the bus in a marina bus, has not yet been completely unloaded from the bus, the defendant neglected this, caused the victim, who was carrying the door outside the bus due to occupational negligence, to have the bus set off outside the bus due to occupational negligence and caused the victim to go beyond the floor, and imposed the victim's right side, the lower part of the bridge, the lower part of the bridge, the cage, and the lower part of the right side with the rear wheels of the bus.

결국 피고인은 위와 같은 업무상 과실로 2018. 6. 22. 11:42 경 수원시 영통 구 월드컵로 164에 있는 아주 대학교병원 응급실에서 흉부의 으깸 손 상 등으로 피해자를 사망에 이르게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, CCTV image photograph, accident scene photograph, or photograph of the victim;

1. Application of Acts and subordinate statutes to dead bodies;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The general traffic accident category 2 (Death or Injury by Traffic Accidents) in the mitigated area (4 months to 1 year): the accident in this case is not punishable (the decision of sentencing).

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