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(영문) 서울서부지방법원 2018.06.05 2018고단853
교통사고처리특례법위반(치상)
Text

Defendants shall be punished by imprisonment without prison labor for four months.

However, the execution of each of the above punishments shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has been engaged in driving of “F” in Mapo-gu Seoul, and Defendant B is a person who has been engaged in driving of “F” in the above E, and Defendant B is a person in charge of guiding passengers getting on and off from the above “F.”

Defendant

A around 10:00 on October 6, 2017, around 10:0, around the street in front of the “F” ticket in Mapo-gu Seoul Metropolitan Government E, was waiting for all passengers to board the above vehicle, and Defendant B was confirmed as to whether all passengers board the vehicle.

Since a large number of passengers are on board the vehicle, the driver of the vehicle has a duty of care to check the passengers' getting on and off the vehicle and to prevent accidents by starting the vehicle after checking the passengers' getting on and off the vehicle. The driver of the vehicle has a duty of care to check the passengers' getting on and off the vehicle and to check whether the passengers get on and off the vehicle, and to guide the passengers to start the vehicle.

Nevertheless, Defendant B did not complete the boarding of the right-hand bridge by placing the victim G (n, 77 years old) on the vehicle without properly verifying whether all passengers have been completely aboard, and Defendant B started the vehicle without confirming whether all passengers have been safely boarding or not, and caused the victim to go beyond the ground floor away from the vehicle.

Ultimately, the Defendants jointly suffered injury to the victim, such as the two-time pressure frame, which requires approximately six weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, an investigation report (the contact call between the victim and the ASEAN), an investigation report (the contact call between the representative of the vehicle operation), and a medical certificate (G);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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