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(영문) 인천지방법원 부천지원 2018.06.15 2018고단956

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a bus B as a duty.

On March 9, 2018, the Defendant driven the bus at the right side of the long-term bus located in the Yang-dong of Kimpo-si, Kimpo-si on March 15:30, 2018, while proceeding to the right side from the right side of Kimpo-si, and stopped at the front bus stop in the apartment complex.

A person engaged in driving duties shall have the duty of care to take necessary measures, such as opening the door accurately, in order to prevent any person on board or on-board a driver from falling off.

Nevertheless, even if the Defendant did not completely get off the bus back, the Defendant suffered approximately 12 weeks closed a bus with a 12-day closed frame in order to operate the bus by wrong operation of the brake system and let the victim go over the bus in the future. Therefore, the Defendant suffered approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photograph of a dynamic image closure;

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 circumstances favorable to the defendant for sentencing of Article 334(1) of the Criminal Procedure Act (the fact that the defendant is recognized to commit the crime of this case, the victim does not want the punishment of the defendant, the defendant's primary offender, and the bus insurance that the defendant driven is covered by automobile insurance), unfavorable circumstances (the accident of this case is caused by the failure of the defendant to perform basic duty of care as a bus driver to confirm whether or not the passengers completely board the accident of this case and to start the bus as a bus driver to start the bus, and there is a negligence on the part of the victim in the occurrence of the accident.

It is difficult to see the victim.