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(영문) 인천지방법원 2013.09.23 2013고단3919
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five 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 buses C.

On May 2, 2013, the Defendant driven the above bus on May 15:30, 2013, and continued to drive a four-lane road in front of the bus stops at the Incheon Bupyeong-gu, Busan Metropolitan City, which is located in 369-580, from the front side of the bus stops at the Sejong Motor Vehicle Information High School, about 10km each other at a speed of about 10km each other, depending on four lanes towards the front side of the bus stops.

At the time, the bus driven by the defendant was stopped to allow passengers to board, so in such a case, there was a duty of care to prevent the passengers from falling off the bus by safely starting the bus after checking the passengers' getting on and off the bus.

Nevertheless, even if the victim D (the age of 48) neglected to do so and did not complete the boarding of the bus after getting on the stairs of the bus, the victim, who is the passenger who is the passenger to get on the front of the bus driven by the defendant due to the negligence starting from the bus, was removed from the bus.

As a result, the Defendant suffered injury to the victim under Section 2 of the upper part of the upper part of the pelle which requires medical treatment for about 12 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 3 (1) and the proviso to Article 3 (2) 10 of the Act on Special Cases concerning the Selection of Fines, and Article 268 of the Criminal Act (see, e.g., Supreme Court Decision 200Do1348, Jan. 2, 2001);

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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