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(영문) 대구지방법원 서부지원 2018.05.30 2017고단2432

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of buses that are buses for the business of fishing in C New Dailys.

On July 26, 2017, the Defendant driven a bus at around 16:50 on July 26, 2017, and proceeded in the corner of the road in front of the bus stops located in Daegu-ro 295-6, Daegu-gu, and stopped in front of the bus stops in order to get passengers to board and alight.

At the time, in order to allow passengers to get off or get off, there was a duty of care to safely start the door and prevent the passengers from falling off the bus after checking the passengers' getting off or getting off.

Nevertheless, the Defendant neglected to do so and did not properly confirm the passenger getting on and off the road, and it conflicts with the victim D (V, 77 years old)'s door that was lowered from the bus, and caused the damage to the victim beyond the road floor.

Ultimately, the Defendant suffered injury to the victim, such as a thring of 6 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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, Article 268 of the Criminal Act, and the selection of fines concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment was committed by the defendant in violation of his duty to prevent the fall of the passengers, and thus, the nature of the crime is not somewhat less than that of the defendant. Meanwhile, the defendant is against the defendant's awareness of the crime of this case, and the injured person is not subject to the defendant's punishment upon agreement with the victim, and driving the defendant.