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(영문) 대구지방법원 안동지원 2017.11.24 2017고단444

교통사고처리특례법위반(치상)

Text

1. The punishment of a defendant shall be determined by a credit cooperative for eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus BSO90.

On May 9, 2017, the Defendant: (a) driven the above bus around 19:40 on May 19, 2017; (b) proceeded on a road at one-lane in front of the platform at the entrance of the village at the entrance of the village at the Andong-gu, while getting off passengers.

At the time, six passengers, among the passengers aboard the bus, are getting off through the rear of the bus, so there was a duty of care to prevent the passengers from falling off the bus by safely starting from the bus after checking passengers' getting on and off the bus.

Nevertheless, the defendant neglected this and went beyond the floor by neglecting the victim D (the 79 years of age) who was coming through the bus back due to the negligence that started without opening the door, and followed the right edge of the victim with the rear wheels of the bus.

Ultimately, the Defendant suffered injury to the victim, such as knee down cutting, which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and applying Acts and subordinate statutes to medical certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 10, and Article 268 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service orders;

1. Recommendations based on the sentencing criteria;

(a) Determination of type: Traffic, general traffic accident, and type 1;

(b) Aggravation of special sentencing 1): In case of injury, among the factors of aggravation of punishment 2).

(c) Determination of the recommended territory: Basic territory;

(d) Scope of punishment recommended: Four months to one year without prison labor;

2. The facts, method, degree of breach of duty of care, and serious.