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(영문) 서울중앙지방법원 2018.10.24 2018고단4790
교통사고처리특례법위반(치상)
Text

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 bus operation B.

On May 10, 2018, the Defendant driven a bus at around 16:07, and proceeds from the front road of Samsungsan Apartment Complex 2, located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, toward the new forest shooting distance from the right edge, and came back again after stopping at the bus stop.

At the time, when the defendant set a bus at a bus stop and opened the rear door, the victim C (76 years, n) who was a bus passenger was under the rear door, and thus, the person engaged in bus driving duty was under the duty of care to safely drive the bus by checking whether the passenger was completely lowered or not, and starting the rear door.

Nevertheless, while neglecting this, the Defendant started the bus in the state of the victim's getting down, and caused the victim to lose the center and go far away from the bus.

Ultimately, Defendant 1 suffered injury to the victim, such as Section 1 above, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement on the occurrence of D traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and (2)10 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines: From January to August of the credit cooperative (the scope of the recommended punishment) in the mitigated area (one month to August of the year), the mitigated area (including special mitigated persons), the mitigated area of punishment (including efforts to recover damage).

3. Determination of sentence: Six months of imprisonment without prison labor, and one year of suspended execution, which has suffered significant injury to the victim due to the accident in this case, and the defendant has the same kind of criminal records; and

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