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(영문) 창원지방법원 진주지원 2015.10.21 2015고단770
교통사고처리특례법위반
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 who is engaged in driving of urban buses belonging to C Jinju Civil Bus Corporation, BS106.

At around 16:50 on July 24, 2015, the Defendant was stopped and stopped in front of the bus stops in front of the Korean bank in order to get passengers to board or alight from the Central Square, while driving the bus and driving the road in front of the Korean bank on the direction of the Central Square.

In such cases, the driver of the bus has a duty of care to confirm whether the passenger's getting on and off the bus has been completed, and to safely proceed after the entrance is closed.

Nevertheless, the Defendant neglected this and failed to open the entrance, and caused the victim D (the 78 years old) who was boarding the bus on the road outside the bus due to negligence in the course of business, starting from which the entrance was not closed.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report and a medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing criteria [decision of type] traffic accidents: there is no person causing a traffic accident (special person) (the scope of recommending punishment] (the scope of recommending punishment), and not less than four months but not more than ten months;

2. In light of the fact that the Defendant’s violation of the duty of care in the instant case, which is an urban bus driver, is relatively large, and the degree of injury suffered by the victim is not minor, the Defendant’s criminal liability is not minor, but the Defendant’s violation of his criminal act, and the instant bus is subscribed to the bus mutual aid association.

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