교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaged in urban bus driving service B.
On October 12, 2017, the Defendant: (a) driven the above bus around 14:10 on October 12, 2017; and (b) stopped to let passengers get off before the bus stops in front of the Samsan church located in 367, Dobong-gu Seoul, Dobong-gu, Seoul.
In this case, a person engaged in driving service has a duty of care to prevent passengers from falling off the bus by starting safely after checking passengers' getting on and off the bus.
Nevertheless, the Defendant neglected this and got the victim C (the age of 78) who was under way, due to the negligence of leaving the door in open.
As a result, the Defendant suffered injury, such as the closed nature requiring approximately eight weeks of medical treatment, etc. from the victim due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of traffic accident reports, diagnostic certificates, written statements on the occurrence of traffic accidents, on-site photographs-related statutes;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the following circumstances are considered: (a) the Defendant, as a bus driver, has to perform his duty of care to ensure the safe getting of passengers; (b) the occurrence of the instant accident due to gross negligence; (c) the victim was injured by the instant accident; (d) the Defendant recognized the instant criminal facts; (c) the Defendant reflects the mistake; (d) the Defendant agreed with the victim; and (e) the Defendant was living without any prior conviction since 2007.