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(영문) 수원지방법원 성남지원 2021.01.22 2020고단3725
교통사고처리특례법위반(치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a city bus B.

On June 15, 2020, the Defendant started stopping at a speed below the speed of time after stopping in order to get passengers to get off and get off at the street of the D bus stops located in the area of Subdivision-gu, Sungnam-si.

The driver of any motor vehicle has a duty of care to prevent accidents by taking necessary measures, such as closing the door accurately in order to prevent any person getting on or off the motor vehicle from falling off.

Nevertheless, the defendant neglected this and caused the victim E (the age of 34) (the age of 34) to go far away from the road due to the negligence of open back of the back door while the passengers are not deprived of it at the bus stop.

As a result, the defendant suffered injury to the victim in the upper end of the upper end of the 14 week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act is more severe than the victim’s injury for the reason of sentencing, etc. is disadvantageous.

However, the defendant's agreement with the victim that the victim does not want the punishment against the defendant, and the defendant's primary offender is considered as favorable circumstances.

In addition, the sentencing conditions in this case, such as the age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.

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