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(영문) 서울중앙지방법원 2013.11.08 2013고단5372
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant: (a) stopped at the central bus stop located in Dobong-dong 32-2, Seoul Special Metropolitan City while getting off or getting off passengers; (b) the Defendant, despite the occupational duty of care to prevent passengers from falling off the bus by checking passengers’ getting off or getting off the bus at the central bus stop located in Dobong-dong 32-2, Seoul Special Metropolitan City, the Defendant, despite of the occupational duty of care to prevent the passengers from falling off the bus, due to the negligence of the Defendant’s failure to do so while checking the bus route by getting out of the bus bus and trying to go back again; (c) the Defendant suffered injury to the victim D (the age of 81, n) (the age of 81) who was going beyond the road, and attempted to go back after checking the bus route by getting out of the bus bus.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the statement of traffic accident occurrence situation prepared by E;

1. Entry of the actual survey report on traffic accidents;

1. Descriptions of a medical certificate;

1. Application of each film statute to photographs extracted from black stuffs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. Scope of the recommended sentence according to the sentencing guidelines / [type] traffic crime group, general traffic accidents, injury by traffic accidents (type 1): Reduction element of punishment not exceeding 6 months (Scope of the recommended sentence] of imprisonment without prison labor;

2. The occurrence of an accident is not attributable to the defendant, under the circumstances unfavorable to the defendant, that the degree of injury of the victim was serious, that the vehicle driven by the defendant is subscribed to the mutual aid association, that the defendant agreed smoothly with the victim, that the defendant is against himself/herself in the confession of the crime, and that the victim also tried to leave the bus door at close.

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