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(영문) 서울북부지방법원 2015.12.22 2015고단3803

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of urban buses No. 165.

The Defendant driven the above bus around 13:00 on October 13, 2015, and stopped at the bus stop of the first apartment bus stop in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and let passengers get off and get off.

In such cases, there was a duty of care to safely drive by checking whether there is any person who is close or boarding the door in order to ensure that those who are on board or getting out of the city bus do not fall off.

Nevertheless, the defendant neglected this and caused the victim C (the age of 76) to fall on the road due to the negligence of departing from the bus, even though he was in the left part of the bus, in order to get the victim C (the age of 76) lowered from the bus.

Ultimately, the Defendant suffered from an injury to the victim under the pressure frame 11, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2) (actual survey report);

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the defendant inflicts serious injury on the victim due to the negligence of the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, the defendant recognized his/her mistake and reflects his/her behavior, the above vehicle of the defendant was covered by a comprehensive insurance, the defendant does not want the punishment of the defendant under the agreement with the victim, the defendant does not have criminal records exceeding the same criminal records and fines, and other circumstances of the crime of this case, circumstances after the crime of this case, age of the defendant, character, conduct, environment, occupation and family relationship