beta
(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3333

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On August 17, 2019, the Defendant driven the above bus on August 18:35, 2019, and stopped and stopped in order to let passengers get on and get off the bus stops in front of the bus stops in the Dong-gu, Busan Metropolitan City, Busan Metropolitan City, which are located at the center of the Dong-gu, Busan Metropolitan City.

In such cases, a person engaged in driving service of a bus has a duty of care to prevent passengers from falling down on the bus by confirming whether passengers have completed boarding and unloading of the bus, starting from the door.

Nevertheless, the Defendant neglected to do so and did not properly confirm the boarding of passengers on the bus and closed the front door, and caused the victim C(22 years of age) to walk up about 17 meters in front of the bus operated by the Defendant, leading about the right side of the bus operated by the Defendant, leading about 17 meters to the road, and led the victim to the right side of the bus to the back side of the bus.

Ultimately, the Defendant suffered injury to the victim, such as the victim’s body, the victim’s body, the victim’s body, and other specified disability due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report on traffic accidents, accident site photographs, each medical certificate, and investigation report (to substitute on the injured part of the victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] and the injury (special person who has been sentenced to punishment] caused by traffic accident: mitigated factors of punishment: Where a serious injury has occurred [the scope of recommendation] basic area: April 1 year without prison labor;

3. Determination of sentence: