beta
(영문) 전주지방법원 2016.09.20 2016고단842

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of a city bus in fishing to C New Schlage owned by a limited company South and North Korea.

On May 28, 2016, the Defendant stopped in order to let passengers get off at the bus stops while driving a road near clean water business place, which is located in the head of the Yansan-gu in the front city at the front city at the front city, with a shooting distance from the inside of the Western market.

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

Nevertheless, the defendant neglected to do so and did not confirm that the victim D (V, 81) who is a passenger was lower than that of the passenger, and caused the victim to fall off from the bus to the road on the road by negligence of business operation starting from the city bus.

In the end, the Defendant suffered from the injury of pressure Section 2, 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 traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s negligence (violation of the duty to prevent the fall of the passengers) on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act, which led to the occurrence of serious injury to the victim.

However, it is not possible to punish the defendant due to the agreement with the victim, and the defendant's driver's vehicle is insured by the Financial Cooperative and has no difficulty in recovering damage.

The defendant has no previous record of the same kind, and seriously reflects his fault.

A driver of an urban bus who has not been involved in an accident for at least 25 years.