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(영문) 춘천지방법원 영월지원 2020.01.14 2019고단466

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of Hyundai City bus B.

On May 18, 2019, the Defendant driven a bus around 17:10 on May 18, 2019, and arrived at a nearby urban bus stop place located in Pyeongtaek-gun, Gangwon-gu, Seoul, and opened a door to allow bus passengers to get off and temporarily stopped.

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

Nevertheless, the Defendant neglected to do so and opened the door while the victim E was under age 73, and caused the victim to go beyond the ground. The Defendant, without confirming the address, went against the victim’s two legs with the rear wheels of the bus.

As a result, the Defendant suffered injury, such as damage, which was off the part of the victim, without having to keep the right for at least eight weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, on-site inspection report, and on-site photographs;

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 and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. The defendant, who is a bus driver on a sentence, is obligated to prevent the fall of passengers.