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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a bus B.
On March 28, 2019, the Defendant driven the above bus around 07:00, and was driving the two-way bus stops located in the 4777-ro of Dobong-gu Seoul Metropolitan Government, Dobong-gu, and was driving in the direction of the Changdong market distance from the boundary of the middle-distance road, and became a new passenger after getting off the passenger at the bus stops.
In this case, there was a duty of care to prevent traffic accidents in advance by closing the door accurately in order to prevent passengers who are engaged in driving of motor vehicles from falling off.
Nevertheless, the Defendant neglected this and did not confirm whether the victim C (the age of 53) who is a passenger completed the vehicle down through the rear door, and had the said victim go beyond the floor away from the above vehicle due to the negligence of closing the rear door and starting it, even though the victim is still in the lower stairs.
Ultimately, the Defendant caused the victim to suffer injury, such as the removal of a closed frame No. 2, which requires approximately eight weeks of medical treatment due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of the occurrence of a traffic accident C;
1. The actual survey report 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) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant did not discover that the passengers are getting out of the bus while driving the bus, and instead shut down the door and suffered a big injury to the victim, and thus, the Defendant needs to be punished corresponding thereto.
However, the defendant is able to repent his mistake and reflect his mistake, and not repeat the same mistake, and any prior to the instant case.