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(영문) 서울남부지방법원 2013.08.28 2013고정2331
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the B chartered bus operation.

On March 13, 2013, the Defendant driven the above bus on March 12:40, and proceeded along three lanes from the 3-lane 783-2 ahead of the Yangcheon-gu Seoul, Yangcheon-gu, Seoul along the 3-lane 783-2 road, and was stopped to get off passengers at the same place.

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 this and caused the victim C (V, 75 years of age) who is a bus passenger to go beyond the ground in front of the bus. Although the Defendant had aground on the bus still left, the Defendant was negligent in departing from the land while the above sentence was open.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the anti-fluence of the left-hand body, which requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to traffic accident reports and diagnostic certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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