logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.02.09 2017고단2817
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a village bus once in C013-1.

On November 1, 2017, the Defendant driven a bus at around 07:16, and stopped in order to let passengers get on and off the bus at the bus stops in front of the 144 ambi-si, Seocheon-si.

In order to get passengers to board and alight from a stop, there was a duty of care to prevent them from falling off on the bus by safely starting from the bus after checking passengers' getting on and off the bus.

Nevertheless, the Defendant neglected this and caused the victim D (the age 66) who gets a bus to board the bus on the ground of the negligence that started without opening the door, and used the bus on the road surface by left hand.

As a result, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, on-site inspection report, and on-site photographs;

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, Article 268 of the Criminal Act, and the selection of fines concerning criminal facts;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed the instant crime in violation of the duty to prevent the fall of the passengers as a village bus driver; (b) the victim was seriously injured by 8 weeks; and (c) the fact that the Defendant was led to punishment for the same kind of crime; (d) the Defendant was led to confession and in depth; (e) the vehicle is being covered by the comprehensive automobile insurance; and (e) the victim’s family members did not want the Defendant’s punishment.

arrow