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(영문) 의정부지방법원 고양지원 2017.08.31 2017고단1345

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving B urban buses owned by the Japanese Passenger Transport Service Co., Ltd.

On January 8, 2017, the Defendant driven a bus on a around 14:35, which stops in front of the bus stop in front of the Busan Metropolitan City Police Station in order to drive the bus at a speed not to be known along the center of the bus, with the road in front of the Dong-gu, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.

In this case, the bus driver has a duty of care to check passengers' getting on and off and close the door accurately and to prevent passengers from falling off the bus.

Nevertheless, the defendant neglected this and failed to confirm whether the passenger was safely boarding, and closed the front door of the bus and caused the victim D (the 67 years old) who was riding the bus through the front door due to negligence starting from the original door to fall on the floor and caused about 20 meters to be towed by the front door of the bus.

As a result, the Defendant suffered injury, such as the removal of the original frame from the right side to the right side of which the number of days of treatment can not be known, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements related to D traffic accidents;

1. A statement of the F;

1. Each statement of opinion and medical certificate;

1. An accident-related photograph, victim hospitalized treatment, or photograph;

1. Application of Acts and subordinate statutes to traffic accident reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is that the negligence of the defendant and the degree of injury of the victim are more

However, considering the agreement with the victim and the fact that the defendant did not have any particular criminal record, the punishment as per the disposition shall be determined.