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The prosecution of this case is dismissed.
Reasons
1. On April 15, 2015, the Defendant, who is engaged in driving of D urban buses, was stopped to allow passengers to board the bus platform in front of the bus platform of the office bus platform located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.
In this case, there was a duty of care to check passengers' boarding and safely start the bus driving service and prevent passengers from falling off on the bus.
Nevertheless, the Defendant neglected this and did not discover that the victim E was trying to board a bus in front of it and did not open the door, and caused the victim who was on board due to negligence starting from the door without shutting the door to go beyond the road.
Ultimately, the Defendant suffered injury, such as a flaging of a flag, which requires 12 weeks of preferential treatment, from the victim due to the above occupational negligence.
2. The prosecutor charged the facts charged in this case with the applicable provisions of Article 3(1) and proviso of Article 3(2)10 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act. The phrase “in the case of operating a vehicle in violation of the duty to prevent the falling of passengers under Article 39(3) of the Act on Special Cases concerning the Settlement of Traffic Accidents” as provided in the proviso of Article 3(2)10 of the Act on Special Cases concerning the Settlement of Traffic Accidents means the case of operating a vehicle in violation of the duty to prevent the falling of passengers under Article 39(3) of the Road Traffic Act.
It is clear that the driver of any motor vehicle is operating the motor vehicle in violation of the " obligation to take measures necessary to prevent any person boarding or leaving the motor vehicle from falling off" as prescribed by the regulations.