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(영문) 의정부지방법원 고양지원 2014.04.23 2014고단262
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On December 27, 2013, the Defendant stopped a bus in order to get passengers to board and alight from the bus stops in front of the bus stops in the Taeyang-gu Seoul Metropolitan City, Seoyang-gu, Seoyang-gu.

At the time, passengers board the bus through the rear door of the bus, so in such cases, the Defendant, who is engaged in bus driving, has a duty of care to confirm the completion of all passengers getting on and off the bus and to take safety measures such as accurately closing the door so that passengers on and off the bus do not fall from the bus.

Nevertheless, the Defendant, without confirming whether passengers have completed the bus off, was guilty of the negligence closeing the rear door of the bus and shocked the victim C (n, 70 years of age) who was lowered through the rear door of the bus with the rear door of the bus so that the victim was far away from the bus and exceeded the road floor.

Ultimately, the Defendant suffered approximately eight weeks of treatment due to the above occupational negligence from the victim’s right spelkes that require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 10 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act shall be determined by taking into consideration the following circumstances: (a) the defendant has no particular criminal record since 2001 and has committed a mistake in depth; and (b) the defendant’s economic situation and means of maintaining his livelihood, etc.

It is so decided as per Disposition for the above reasons.

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