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(영문) 수원지방법원 안산지원 2015.09.24 2015고단505

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of urban buses C.

On October 3, 2014, around 15:00, the Defendant re-entered the above city bus which was stopped for passengers getting on and off at the front of the bus stop located in the Da apartment-gu Seoul Metropolitan City, Ansan-si. D apartment.

In such cases, the defendant, who is engaged in driving of urban buses, has a duty of care to confirm whether he/she is a passenger who moves inside the urban bus and to ensure that he/she does not go beyond the passengers.

Nevertheless, the defendant was due to the negligence of the city bus rapidly and had the victim E (V, 78 years old) who is the passenger who was in motion within the city bus go beyond the floor of the bus.

As a result, the Defendant suffered injury, such as the right paralysis, language disorder, respiratory disorder, etc. due to an external cerebral tymosis, which could not be known to the victim due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police officer on F;

1. Each entry in the report of traffic accidents, medical certificate, medical opinion, and each recording record;

1. Application of video-recording Acts and subordinate statutes to video-recording materials in the face of an accident to the pandemeras and indoor camera installed inside the skin;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. In light of the following circumstances: (a) the scope of recommendation of the reason for sentencing under Article 62(1) of the Criminal Act, the basic area of the first category of traffic accident (the injury caused by traffic accident) ( April to October) is very serious; and (b) the degree of injury, such as the victim appears to be in an unknown state, is determined by a imprisonment without prison labor; (c) however, there is no agreement with the victim; and (d) the fault of the victim who moved inside the bus without holding his/her hand, etc. at the time of departure of the bus should also be considered.