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(영문) 의정부지방법원 고양지원 2016.02.19 2015고단3593
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of urban buses No. 92 for new passengers on a new day.

On October 31, 2015, the Defendant was stopped in order to let passengers get off before a bus terminal located in the Sim-gu, Seo-gu, Seo-gu, Seo-gu, Seoul and the head of the Si/Gu, while driving a bus on or around 06:00 and driving the bus in the direction of aptitude on the side of the gold village.

In this case, there was a duty of care to prevent passengers from falling off the bus by safely starting the door after checking passengers' getting on and off the bus.

Nevertheless, the Defendant neglected this and caused the said victim to go away from the bus and go beyond the road, as it was due to the negligence of starting the bus without shutting the door, even though the victim C (56) was unable to get off at the entrance lower than the bus.

Ultimately, the Defendant suffered injury to the victim, such as a plerehion pressure 1 and 2, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing the cutting of a black stuffed video;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant is the first offender and is led to the crime, and the fact that the instant vehicle is subscribed to the bus mutual aid association is favorable to the defendant.

However, the Defendant, as an urban bus driver, has a duty to protect passengers more than any other person, but has been driving in distress by overworking the central line on a new wall with no specification of the date.

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