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(영문) 서울동부지방법원 2018.01.23 2017고단4076
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in bus driving service B.

On September 25, 2017, the Defendant was driving a bus around 18:30 on September 25, 2017, and was temporarily stopped at the bus stops in Gwangjin-gu Seoul Special Metropolitan City for passengers' getting on and off.

In this case, the driver has a duty of care to prevent passengers from falling off the bus by safely starting the door after checking passengers' getting on and off the bus.

Nevertheless, the Defendant neglected to do so and opened the door while the passenger victim D (V, 79 years old) was boarding the bus, and caused the victim to fall down on the floor far from the bus.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Reporting on the occurrence of traffic accidents and the application of 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 According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the Defendant again committed the instant crime during the suspension period of execution of imprisonment without prison labor for the same kind of crime, the fact that the Defendant’s negligence seems to be considerable, the Defendant’s agreement with the victim and the victim’s damage were not much excessive, shall be determined by taking into account the sentencing conditions indicated in the instant trial.

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