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(영문) 서울서부지방법원 2018.07.12 2018고단1236
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a modern city bus C.

On March 16, 2018, around 10:24, the Defendant driven the above bus at the front of the bus stops in the Seocho-gu Seoul, Seoul, Police Station bus stops in front of 755 in the unification of Eunpyeong-gu, Seoul, and proceeded at an irregular speed depending on three-lanes among the three-lanes in non-regional private distance outflow from the private road.

At the time, the defendant was stopped to get passengers to get off the bus stop, and thus, there was a duty of care to take necessary measures, such as accurately closing the door so that persons engaged in driving service do not fall off.

Nevertheless, the Defendant neglected to do so and failed to complete the sub-vehicle of the victim D (n, 86 years of age) who was lowered through the front door of the bus, but due to the negligence of closeing the door and departing from the bus, and the victim's saf of the bus is proceeding about 15 meters after the victim suffered from the front door of the bus.

결국 피고인은 위와 같은 업무상 과실로 피해자에게 치료 일수를 알 수 없는 발의 으깸 손 상과 벗겨진 손상 등의 상해를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the victim, seems to be serious.

o favorable circumstances: A sea-going vehicle is subscribed to a bus mutual aid, and the defendant separately agreed with the victim.

The punishment as ordered shall be determined in consideration of all the circumstances, such as the age, sex, environment, etc. of the defendant in the same circumstances as o or above.

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