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(영문) 서울서부지방법원 2016.08.18 2016고단1412
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the city bus.

The defendant on March 17, 2016, as Yongsan-gu Seoul, Yongsan-gu, Seoul around 22:20 on March 17, 2016.

A lodging stand for a road in front of a central bus stop in an entrance area;

A lodging room that has been driven along one lane, which is an exclusive bus, from the area of the entrance zone to the area of the Seoul Station;

A stop at the central bus stop in the entrance area and after getting passengers to board and alight from the bus stop.

Since there are many passengers aboard and alight from the bus stops in subway stations, it is necessary to confirm the passengers on board the bus and close the bus entrance after the passengers board the bus, and there was a duty of care to prevent accidents in advance, such as starting well before and after the bus stops and driving safely until the bus stops deviate.

Nevertheless, the defendant neglected to do so while leaving the front door of the bus in open, and did not look at the front, rear and left right and right of the bus until it moves out of the bus stop, and started without viewing the victim E (28 years) who opened the bus late and opened the bus, thereby allowing the victim to examine and balance the front part of the bus, and accordingly, the victim's chest part of the bus that came to go beyond the bus between delivery and the bus was set back as the rear wheels part of the bus on the right side.

As a result, the Defendant caused the victim's death by occupational negligence immediately after the accident, due to the death of the victim due to the long-term heat and presumption of blood transfusion in the mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the inspection report on actual condition, one body death report on the occurrence of a traffic accident, and one body death report on the inspection record;

1. The relevant legal provision on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act shall be punished.

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