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(영문) 전주지방법원 2018.05.01 2017고단2294
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the operation of city buses in the Bank of Korea Co., Ltd.

On August 7, 2017, the Defendant driven the above vehicle at around 16:02, while driving the vehicle at a speed of about 10-20 kilometers prior to the end of the terminal for the sewage treatment plant in the previous North Korea, the Defendant driven the vehicle at a speed of about 10-20 kilometers.

There was a duty of care to prevent passengers from falling off the bus by starting safely after checking passengers' getting on and off the bus in order to get off the bus.

Nevertheless, the Defendant neglected this and caused the victims E (V, 76 years of age) who was lowered from the above bus due to negligence, starting from the back of the above bus in open state.

As a result, the defendant suffered injury to the victim by scarkeing scarcity(12 chests) that requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on actual condition (i) Sheet;

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

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 According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, starting from the bus in an open state, the Defendant crashed the passengers, thereby causing serious injury to the victims.

However, in consideration of all the sentencing conditions, such as the fact that the defendant has no particular criminal history, and the victim has not been punished by a smooth agreement with the victim, etc., the punishment shall be determined as ordered.

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