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(영문) 수원지방법원 성남지원 2017.05.25 2016고단4191

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2016, the Defendant was a person who is engaged in B bus driving, and was driving a bus around 14:40 on November 16, 2016, and was temporarily stopped at a bus stop in front of Sungnam-gu Seoul Special Metropolitan City for getting passengers to board or alight.

In this case, the driver has a duty of care to prevent passengers from falling off the bus by safely starting the door after checking passengers' getting on and off the bus.

Nevertheless, the defendant neglected this and caused the victim D (the age of 81) who was a passenger who was lowered from the bus due to the negligence that started without opening the door and fell on the floor.

Ultimately, the Defendant suffered injury to the victim, such as pressure pressure, which requires approximately 12 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions and an accident receipt report;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning visual recording of accidents;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has agreed with, the first offender, and the fact that a household-going vehicle is insured by the bus mutual aid association);