beta
(영문) 서울북부지방법원 2017.01.24 2016고단5011

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is (State) a person who operates a large-scale city bus owned by the transportation of the day CBS090.

On September 2, 2016, around 08:25, the Defendant driven the above vehicle on the front of the bus stop of the faithful church bus located in the Nowon-gu Seoul Metropolitan Government, Gangnam-gu, 50, and stopped at the same distance from the horizontal distance of the mine and stopped at one lane from the direction of the horizontal distance of the mine to board and alight the passenger.

In such cases, the driver of the city bus has a duty of care to drive the vehicle after confirming whether the passenger has completed the passenger's getting on and getting off the vehicle.

Nevertheless, the defendant did not confirm the fact that he was under the age of 77) of the victim D, who is a passenger, and was due to occupational negligence, which started without confirming it, and the injured person fell from the above bus to the floor, and the victim's left-hand side of the bus going beyond the back wheels of the bus.

Defendant 1 caused injury to the victim due to the above occupational negligence, such as the pressure traged and laged damage on the left-hand side, which requires approximately eight weeks of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (Optional to Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration, such as the fact that a defendant for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act has been sentenced to a fine before 20 years prior to the sentencing, the vehicle driven by the defendant is admitted to the bus mutual aid association, and the victim does not want the punishment of the defendant separately agreed with the victim;