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(영문) 부산지방법원 2015.02.06 2014고단7820
교통사고처리특례법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a city bus No. 169-1.

On 12:40 on 25:20 on 2014, the Defendant stopped and started to get passengers to board and alight from the bus stops at the 3rd bus stop located in the Busan Jin-gu, Busan. In order to get passengers to board and alight from the bus stops at the 3rd bus stop.

In such cases, a person engaged in driving service has a duty of care to prevent the fall of passengers by starting safely after checking accurately the passengers' getting on and off the passenger's getting on and off.

Nevertheless, the defendant neglected to do so and started the vehicle entrance, which is opened by the victim D (V, 74 years old).

The Defendant, by such occupational negligence, caused the victim to go beyond a road from the stairs of the entrance of the vehicle, thereby resulting in the victim’s injury, such as the cutting of the body frame, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to black stuff images and diagnostic documents;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of fines in consideration of the fact that the defendant was the first offender of the option of punishment, subscribed to the motor vehicle mutual aid, and agreed to pay a considerable amount for the victim, but the amount of fines shall be determined in consideration of all the factors of sentencing, such as the degree of damage

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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