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(영문) 서울북부지방법원 2016.04.12 2015고단4730

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving village buses B.

On September 14, 2015, the Defendant driven the above bus on September 14, 2015, and stopped at the bus stops in the D Driving School bus stops located in Gangnam-gu Seoul Metropolitan Government, and got off after getting passengers to board or alight.

In such cases, there was a duty of care to safely drive a village bus by checking whether there is any person who correctly shuts down and gets on or off the entrance in order to prevent the person on or off the bus from falling off.

Nevertheless, the defendant neglected this and caused the victim E (the age of 67) to fall on the road by the negligence of starting the bus in an open state, even though the entrance was put up on the ground in order for the victim E (the age of 67) to get down from the bus.

Ultimately, the Defendant suffered injury to the victim, such as the above 10 weeks of medical treatment, due to the occupational negligence as above, the injury of the part above the part above L2, which is in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Consideration, such as the scope of recommendations according to the sentencing guidelines for traffic crimes with reasons for sentencing under Article 62 (1) of the Criminal Act and the standards for suspension of execution, the fact that only the accused has a criminal record of a minor dual offense on two occasions, and that community bus driven by the accused is insured by the bus mutual aid association;