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(영문) 서울북부지방법원 2018.04.26 2018고단470

교통사고처리특례법위반(치상)

Text

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

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

Reasons

Punishment of the crime

On January 18, 2018, while the Defendant was driving a B Village bus around 17:30 on January 18, 2018, the Defendant was getting off passengers at the bus stops in Dobong-gu Seoul Metropolitan Government Dobong-ro 52.

In such cases, the door was closed accurately so that the passengers who are engaged in driving service do not fall down, and there was a duty of care to prevent accidents by starting the vehicle after the passengers completely get off the vehicle.

Nevertheless, the defendant neglected this and did not completely close the door of the bus, and the defendant got the victim C (Woo 69 tax) who was a passenger of the bus in the above bus to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as the pressure pressure of the 2nd century, which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. We examine whether the sentencing of Article 62-2 of the Social Service Order Criminal Act is completed by passengers, and then close the door and start the bus is considered as a bus driver. However, even though it is not necessarily required to be observed, it is grossly erroneous that the victim violated it, the degree of injury of the victim is not easy, the victim has no criminal history other than being punished once by a fine in 193, the purchase of a motor vehicle comprehensive insurance policy is scheduled to recover the damage, and it is against the fact that the damage is expected to be recovered.