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The prosecution of this case is dismissed.
Reasons
1. On May 11, 2015, the Defendant, who is engaged in driving of C buses, was driving the said bus around 19:05, and continued to drive the instant bus from May 11, 2015 to the cross-city bus terminal from the central street room to the cross-city bus terminal.
At the time, the bus stops to get passengers to get off the bus stops in front of the above Escop, and thus, the driver has a duty of care to prevent the passengers from falling off the bus by safely starting from the bus after checking the passengers' getting off and getting off the bus.
Nevertheless, even though the victim F was not able to complete the bus due to neglect of this, the victim F, who was set up through the front door of the bus, proceeded with about 10 meters with the victim's spawal due to the negligence of closing the door and starting the door.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the complete transmission of the right-hand transmission system, which requires treatment for about eight weeks.
2. Determination
A. The prosecutor of the non-guilty portion was indicted by applying Article 3(1) and proviso of Article 3(2)10 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act.
Article 35 (2) (proviso) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is Article 35 (3) of the current Road Traffic Act, and the provisions of Article 39 (2) of the current Road Traffic Act are as follows. "In the case of operating a vehicle in violation of the obligation to prevent the falling of passengers under the provision of Article 35 (2) (proviso) of the Road Traffic Act, the term "in the case of operating a vehicle in violation of the obligation to prevent the falling of passengers" refers to the case of operating a vehicle in violation of "the obligation to take necessary measures to prevent the falling of the persons aboard or getting on or off the driver or the person getting on or off the vehicle".