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(영문) 서울서부지방법원 2018.05.31 2018고단592

교통사고처리특례법위반(치상)

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in bus driving services No. C720.

On October 8, 2017, the Defendant driven the above bus around 14:25, and stopped from the opening platform No. 4 of the year No. 843, the unification of Eunpyeong-gu Seoul, Seoul, and came to start again after passengers get on and off.

At the time, the defendant's bus was boardd by the victim D(83) and was seated, so in such a case, the defendant engaged in driving of the bus which is a public transport has a duty of care to confirm whether passengers in the bus were safely seated and proceed with the bus.

Nevertheless, the defendant neglected this and caused the victim to lose the center of the victim and go beyond the head on the bus floor due to the negligence of sudden breakdown in the direction of the center of the sudden bus before the victim sits in the seat.

Ultimately, the Defendant caused by occupational negligence such as causing the victim to suffer from an influorous disease by causing the victim to suffer from an influorous state of mixed water by causing the victim to suffer from an influorous disease.

2. Legal provisions applicable to judgment: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act: On May 15, 2018, after the indictment of this case, the prosecution was submitted pursuant to a criminal agreement stating the victim's intention not to punish on May 15, 2018: Article 327 subparagraph 6 of the Criminal Procedure Act;