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(영문) 광주지방법원 2019.02.19 2018고단5216
교통사고처리특례법위반(치상)
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Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2018, the Defendant: (a) while driving the B urban bus at around 11:40 on December 4, 2018, the Defendant stopped at the Dhandow High School located in North-gu, Gwangju in North Korea in order to let the passengers get out of the bus; (b) the Defendant confirmed whether the passengers want to get out of the bus, and was obliged to take necessary measures to prevent the decline of the passengers, such as closing and starting the door after the complete unloading of the bus, without neglecting the duty of care, and caused the victim E (67 years and women) who started the bus due to the negligence of starting the bus without opening the back, thereby causing injury to the victim, such as the closure of the second half-day part in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Accident vehicles and on-site photographs;

1. A copy of a medical certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] Traffic Accidents Type 1 (Special Convicted Person] (Death resulting from Traffic Accidents) (Article 62-2(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Article 62-2(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Article 62-2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sentencing - In cases where an injury occurs among aggravated factors (Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Article 62-2(1) of the Act on Special Cases Concern

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