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(영문) 수원지방법원 안양지원 2017.08.11 2017고단956
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving of a village bus belonging to D.

On February 12, 2017, around 08:55, the Defendant stopped at the bus stops in the bus stops while driving the two-lanes of the 3rd 2nd west-do in the direction of the inner direction from the parallel to the inner direction of the 61st west-do, Suyang-gu, Mangyang-si.

At the time, since there were passengers who want to get off the bus, the Defendant engaged in driving service had a duty of care to check whether the passengers safely get out of the bus after departure of the bus and whether the entrance was safely closed, and to prevent the passengers from falling off from the bus.

Nevertheless, the Defendant neglected to do so and started without having access to the road of the victim F (the age of 72) who is a passenger, and had the victim go beyond the road. The Defendant’s bridge with the rear wheels of the Defendant’s driving vehicle was over the victim.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the 16 week treatment of the victim, the pelvis and the pelvis of the pelvis executives.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Reports (1), (2) on traffic accidents;

1. Investigation report (verification of CCTV video-recording images at the time of an accident installed in a suspect driving vehicle);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 10, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the suspended sentence - Unfavorable circumstances: The victim suffers a serious injury that requires medical treatment of about 16 weeks; - The favorable circumstances: The defendant's recognition of the crime and the recognition of the crime; the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the defendant has no record of criminal punishment for the last ten years; - Other circumstances are followed by the background of the crime and the crime.

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