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(영문) 대전지방법원 2020.03.18 2019고단4873
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 running a city bus B.

On October 3, 2019, the Defendant driven the above bus at around 16:00, and stopped in the above stop to let passengers get off and get off the road in front of the Daejeon Dong-gu C apartment bus stop at the 5-lane 3-lane 44, the south of Samsung5, at the 5-lane 1-lane 44, while driving the above bus at the 16:00.

Since there was a bus stop, there was a duty of care to confirm all passengers on board as a driver of an urban bus and to prevent the fall of passengers by starting safely after the door is closed.

Nevertheless, the Defendant neglected to close the door and caused the victim D (the victim D, who was a passenger of 82 years of age) who was a passenger of the bus to take a bus on the bus stop due to the negligence of leaving the door as it is, and went beyond the road, and tried to go over the road, to the front right side of the above vehicle and the rear wheels part of the victim's bridge.

Ultimately, the Defendant suffered injury to the victim, such as the aggravation of the body frame, which requires approximately 12 weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report (1) (2) and the report on the occurrence of any traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing photographs of accident scene, B urban bus booms images, and examination of suspected vehicles;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing criteria and the scope of recommendation [the determination of types] shall be the general traffic accident [the category 1] the injury caused by traffic accidents [the special person] mitigation factors: the recommended area of non-compliance with punishment.

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