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(영문) 서울서부지방법원 2017.08.10 2017고정432
교통사고처리특례법위반(치상)
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in C urban bus driving, which is owned by the advanced merger company.

On January 31, 2017, around 21:30 on the unification of Eunpyeong-gu Seoul Metropolitan Government, the Defendant driving the above vehicle in front of the green bus stops, driving one lane between the three lanes in the direction of green translation in the direction of non-economic region, and getting off passengers at the green translation bus stops.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by starting from taking necessary measures, such as accurately opening the door so that he/she does not fall off or get on or off the motor vehicle, and thereby preventing accidents.

Nevertheless, the defendant neglected this and started to close the right back and brought the victim D (the age of 62) who was leaving the door to that door, and went far away from the bus stop.

As a result, the defendant suffered injury to the victim, such as salt dynasium and stypium, which require approximately two weeks of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A written statement on the occurrence of D traffic accidents;

1. Application of one Act and subordinate statutes to a traffic accident report (on-site investigation report), a traffic accident occurrence report, a diagnostic certificate, and a CD for virtual vehicles;

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. The instant accident on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is not caused by the Defendant’s negligence, even though the Defendant started to close down the bus back without confirming that the victimized person was under contact with the card-type by going on the back stairs of the bus again after getting out of the bus back, and without confirming that the Defendant was under contact with the reverse stairs of the bus, and thus, the instant accident is not less vulnerable to the Defendant’s negligence. However, the victim also falls under the instant accident.

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