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(영문) 창원지방법원 2014.09.05 2014고단692

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who drives a bus bus in the case of fishing at C New Daily.

On October 18, 2013, at around 16:30, the Defendant driven the above vehicle and stopped at a bus stop along four-lanes from the side of the Do office to the side of the Do office, leading to the name square, thereby getting off and getting off passengers.

In this case, there was a duty of care to prevent accidents by starting from taking necessary measures such as accurately opening the door so that persons on board or getting off a vehicle may not fall.

Nevertheless, the defendant neglected this and started without closing the right back, and caused the victim D (the age of 80) who was leaving the door to the ground.

As a result, the Defendant suffered injury to the victim by the aforementioned negligence, such as “the cutting of a peltom, the cutting of a peltom, and the closing of a peltom,” which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes No. 3, 4, 8, 9, and 12 of the evidence list submitted by the prosecutor;

1. Article 3 (1) 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;

1. Selection of a sentence of alternative imprisonment without prison labor (including the cases where the degree of violation of the duty of care of the accused is not minor, and the degree of injury of the victim is serious);

1. Article 62 (1) of the Criminal Act (Consideration to the suspended execution, including the fact that it is white and rebuttal, the fact that urban buses that the defendant driven are admitted to the Financial Cooperative, and the sentencing criteria prepared by the Sentencing Committee);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;