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(영문) 제주지방법원 2018.02.12 2017고단2114
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a C-city bus belonging to the C-city passenger.

On July 9, 2017, the Defendant driven the above bus around 12:20, and proceeded along the two-lanes in the vicinity of the Geum-ri bus stops located in the Geum-ri-Eup, Eup in Jeju-si, with the two-lanes in front of the Geum-ri bus stops located in the Geum-gu, Sin-si, Chungcheongnam-do.

Since the bus stops at the time is stopped in order to let the bus stops at the time and let the bus passengers get off, there was a duty of care to prevent the fall of the bus by opening the door after the bus completely stopped to the person engaged in driving the bus.

Nevertheless, the Defendant neglected to stop the bus and caused the victim D (the age of 70) who was in the vicinity of the door to leave the door by the negligence of opening the door first before stopping the bus.

Ultimately, the Defendant suffered injury to the victim, such as cutting the body of dubs, which requires approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing black stuffs and images;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are considered in consideration of all the various conditions of sentencing specified in the instant argument. In particular, the following conditions are against: (a) the Defendant is affiliated with the bus mutual aid association; and (b) the Defendant is undergoing a diagnosis of bovine spongiformiform encephalopathy on December 1, 2017; and (c) the Defendant, a bus driver, is being treated for a long time due to a prolonged hospitalization: (a) the Defendant is responsible for the safety of passengers; (b) the Defendant, who is a bus driver, is responsible for the safety of passengers; (c) the Defendant is not liable for a crime due to neglect of

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