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(영문) 부산지방법원 2017.12.13 2017고정2028
교통사고처리특례법위반(치상)
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of a transit bus of the non-agricultural partnership in a plan for the settlement of the victim's working.

On June 1, 2017, around 18:20, the Defendant stopped to get passengers to get off on the road in front of the “D” located in the Busan East-gu, Busan.

In this case, the driver has a duty of care to prevent passengers from falling off the bus by safely starting the door after checking passengers' getting on and off the bus.

Nevertheless, the Defendant neglected this and caused the victim E (26) who was lowered from the bus on the floor by negligence that began before the passengers completely get off the bus.

As a result, the Defendant suffered from the above occupational negligence that caused approximately three weeks of medical treatment to the victim, such as a scambling room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Each police investigation report (with respect to attachment of CCTV images on the face of an accident, CCTV images by this center);

1. Reports (1), (2) on traffic accidents;

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 According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on comprehensive consideration of the following: (a) the Defendant agreed with the victim; and (b) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (c) the circumstances constituting the conditions for sentencing, such as the circumstances after the commission of the crime, shall be mitigated from punishment more than the summary order.

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