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(영문) 수원지방법원 안양지원 2019.11.27 2019고단2003

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in urban bus driving service B.

On September 20, 2019, the Defendant, around 19:15, proceeded with the front road C at the king-si of Gyeonggi-do, from the Gunposi to the king-si screen. On September 20, 2019, the Defendant stopped at the bus stops of the D Factory to get passengers aboard.

In this case, a person engaged in driving service of a bus has a duty of care to prevent passengers from falling off on the bus by starting it after checking the attitude of the passengers on board and confirming the full boarding of the passengers.

Nevertheless, the defendant neglected this and did not confirm the full boarding of the victim E (n,e.g., 55 years old) who was on board the bus by leaving it away from the road.

After all, the Defendant suffered injury to the victim, such as injury to the integrity of the face of the treatment days due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (the No. 11 of the evidence list);

1. Certificates of medical treatment (E);

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: From one month to five years of credit cooperatives;

2. Reduction elements of types 1 (the injury of a person causing a traffic accident) (including a person who has been specially adopted) and reduction elements of traffic accidents according to the sentencing guidelines: Reduction area of punishment (including the recommendation area and recommendation area), reduction area, reduction area of punishment (including a serious effort for recovery of damage), and one month to August of a credit cooperative;

3. Determination of sentence: The following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the crime: