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(영문) 서울북부지방법원 2019.05.02 2019고단870
교통사고처리특례법위반(치상)
Text

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

The Defendant is a person engaging in driving a bus owned by B, a corporation.

around 20:30 on December 6, 2018, the Defendant stopped the bus at the bus stops located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and let passengers get off.

Since there is a bus stop where passengers get off, there was a duty of care to start with the following route after examining the movement of passengers at the time of getting off the bus, and confirming the full unloading of passengers.

Nevertheless, the Defendant neglected to do so and did not confirm that the victim D (the age of 71) was completely lowered, and did not start as it was, and the left left was due to the negligence of coming from the ground, and the victim still left on the bus, who was on the bus, lost the center and got over the road, and the victim was sent back to the rear wheels of the bus right.

As a result, the Defendant suffered injury to the victim, such as an artificial sponsor which requires treatment for about 24 weeks from the above negligence, such as an artificial sponsor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Medical certificates and opinions;

1. An accident scene photograph;

1. Application of accident video CD-related Acts and subordinate statutes

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 Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category I (the injury resulting from traffic accident) (one month to eight months) (including special mitigation) and the area of mitigation (including serious efforts to recover damage);

2. The defendant who is sentenced to a sentence shall be a bus engineer so that he/she does not fall into the category of bus drivers who board or alight from the bus while driving;

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