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(영문) 의정부지방법원 2016.08.25 2016고정1389

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a bus in fishing to B New Schlage.

On March 21, 2016, the Defendant driven a bus around 16:20 on March 21, 2016, and was stopped to get passengers to get off at the bus stops in front of the apartment complex C in order to get off.

In such cases, the driver of any motor vehicle shall take necessary measures, such as accurately opening the door, so as to prevent any person on or off the motor vehicle from falling off or getting off.

Nevertheless, the defendant neglected this and opened the rear door before the bus stops completely, and caused the victim D (the age of 85) who was coming from the bus due to the negligence of opening the rear door of the bus, to go beyond the road.

Ultimately, the Defendant suffered injury, such as “finites and tensions on the part of the body with which the victim was placed,” which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes by cutting a diagnostic letter and a black stuff image images;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;