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(영문) 수원지방법원 2020.12.17 2020고단5398
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person who is engaged in the operation of a bus in the case of fishing between B and B.

On February 24, 2020, the Defendant was driving the above bus on February 11, 2020, and came to stop after stopping the above bus in order to let passengers get off and get off the bus at the bus stops in front of the Taesung-si.

In this case, the bus driver had a duty of care to prevent the fall of passengers by properly examining the movement of passengers getting on and off the bus and by checking that passengers completely get off the entrance, and starting safely from the entrance.

Nevertheless, the Defendant neglected this and did not confirm that the victim D(78 years of age) who is the passenger of the bus was lowered, and did not start from the point of view as it was, caused the victim who was traveling slowly on the rail for bus getting off to the road, and got out of the road. The Defendant served the part of the bridge of the victim's bridge on the right side of the bus as the rear wheels of the bus.

Ultimately, the Defendant suffered injury to the victim, such as a table of ducts, which requires approximately 16 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report and photographs of the accident site;

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Article 62 (1) of the Criminal Act;

1. The defendant shall take necessary measures, such as opening the door accurately so that he/she does not fall off, as a bus engineer, in order to prevent any person boarding or leaving a bus while driving the bus from falling off, as a reason for sentencing under Article 62-2 of the Criminal Act.

However, even though the victim was not completely parked in the bus stopped at the bus stop, the victim is suffering from a bus rapidly without properly examining it.

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