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(영문) 의정부지방법원 2017.05.19 2016고단4777

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 driving of the city bus BS106 C.

On August 12, 2016, the Defendant: (a) driven a bus above around 18:10 on August 12, 2016; (b) stopped at “a serious apartment bus stop located at the string distance to the south Eup/Myeon along the first lane in front of the D in the south-gu Seoul Metropolitan City; and (c) stopped at “a serious apartment bus stop located at that place,” and started again after getting passengers to board and alight.

In order to allow passengers to get off at the time, there was a duty of care to prevent the passengers from falling off the bus by starting safely after checking passengers' getting off and getting off the bus.

Nevertheless, the Defendant neglected to do so and caused the victim E (mae, 76 years old) who was unfolded of the back door due to negligence that started in the open space, and continued to turn off the victim's right side away from the ground to the back side of the bus.

As a result, the Defendant suffered injury, such as the deprivation of abandonment, which requires approximately 16 weeks of medical treatment by occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the fact that mutual aid money is paid to the victim and the health conditions of the accused, etc.);