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(영문) 서울북부지방법원 2016.01.26 2015고단4015

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a village bus.

On October 21, 2015, the Defendant driven the above bus around 16:01, and stopped the front side road located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, as a village center for the education of the Gu, while driving in the vicinity of the sampling childcare center, the Defendant stopped while driving in the front side road of the city center for the education of the Gu, thereby allowing the passengers to board and alight.

In such cases, there was a duty of care to safely drive a village bus by checking whether there is any person who is close or boarding the door in order to ensure that a person on board or a person on board or alight from the village bus is not removed.

Nevertheless, the defendant neglected this and caused the victim to fall on the road by the negligence of starting the bus in the state where the rear door of the bus is opened even though the victim F (n, 80 years of age) is under the rear door of the bus.

Ultimately, the Defendant suffered injury to the victim, such as T7 and T8’s 10 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to an accident;

1. A traffic accident report, a survey report on actual condition, and photographs related to accidents;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [Special Reductions] [Article 62(1) of the Punishment Act] (Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 62(1) of the Punishment Act / [Article 7(1) of the Punishment