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(영문) 인천지방법원 2017.08.18 2017고단2003
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five 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 is engaged in driving a bus BS090.

On February 4, 2017, the Defendant driven the above bus around 17:30, and driven the road of 101 lanes in front of the New Airport in Yeonsu-gu Incheon Metropolitan City, which is located in 101, in the direction of Yeonsu-gu, Yeonsu-gu, Incheon, at a speed not to be known along the two-lanes of the front apartment house in front of the front side of the new apartment 101, the Defendant stopped and stopped before the bus stop in order to let passengers get off.

In this case, there was a duty of care to prevent the loss of passengers by starting safely after checking the passengers' getting on and off and closing the door.

Nevertheless, the Defendant neglected this and caused the victim D (M, 70 years of age) who was under the back of the back of the back of the back of the back, to fall off from the back of the back of the door to the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the ten-day period of medical treatment, namely, L1 (L1) which requires approximately ten weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (D);

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning CCTVs for crime prevention to photographs and bus passengers falling short of the CCTV by capturing a CCTV recording device;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have some circumstances to be taken into account in the circumstances leading to the instant accident [It appears that the accelerator at the time of the accident (if there is a subordinate door, the device that does not operate the accelerator) is not operated properly], and the injured party does not want to be punished by the Defendant by mutual agreement with the victim.

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