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(영문) 전주지방법원 2015.06.03 2014노1488
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the facts charged in the instant case is a person engaged in driving D buses.

On March 12, 2014, the Defendant driven the above bus at around 17:19, and proceeded two-lane roads in front of the Northwest-dong in the south of the Seoul metropolitan city, following two-lanes from the Yansan-si, the lower court temporarily stopped at the bus stops in the above bus stops for passengers getting on and off, and went off the victim E (the age 66) through the front of the bus.

At the time, the victim was on board the bus floor from the stairs in the absence of a old-age and safety rods, and in such a case, there was a duty of care to make it possible for all passengers to safely board the bus, and whether a passenger who was not seated on the job is on the safety wing, etc. after making a thorough examination as to whether the passenger was on board the bus, and to prevent the accident from spreading.

Nevertheless, the defendant neglected to do so and caused the victim to lose his center due to the negligence in progress.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to brain-dead, etc. without any open room in two weeks of medical treatment for the victim, but did not immediately stop and escape without taking measures such as aiding the victim.

2. The main point of the judgment of the court below is that the defendant, after getting off the victim, contacted union executives and G with him about the handling of the accident, and the bus operated by the defendant was used by a usual victim, the victim was landed from the bus and confirmed the number of the vehicle in the future. The defendant was able to protect the victim from the driver's seat. At the time, many passengers, including the students with a fluenite, were present during the bus, so the defendant was on the spot as in this case.

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