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1. The defendant shall be punished by imprisonment without prison labor for four months;
2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The defendant is a person running a city bus B.
On March 11, 2016, the Defendant was driving a above bus on March 11, 2016, and continued to stop at and continue to stop in the front bus stops near the new apartment bus stops located in 271, Gamamama-gu in Gwangju Mine-gu, in order to let passengers get off and get out of the front bus stops in the middle school of the mine.
In such cases, the driver has a duty of care to check whether passengers board or alight from the bus, and to prevent the passengers from falling off the bus at the time of getting off or getting off.
Nevertheless, the defendant neglected this and failed to confirm that the victim C (79) failed to complete this sub-vehicle, and caused the victim to fall under the bottom of the bus due to the negligence of starting from the point of open space with the rear door of the bus.
Ultimately, the Defendant suffered injury to the victim in spine L2, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of the traffic accident report, diagnosis certificate, evidence on the scene of the traffic accident and Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 10, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Scope of the recommended punishment according to the sentencing criteria: Persons who are subject to special mitigation in the area of mitigation of traffic accidents by the type of general traffic accidents for not more than six months without prison labor: Persons who are not subject to punishment in any case;
2. Determination of sentence: Determination of sentence of imprisonment without prison labor: In full view of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, circumstances after the commission of the crime, etc., for the period of four months, one year after the suspension of execution, as well as the following circumstances:
(b)bed;