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(영문) 의정부지방법원 고양지원 2018.07.19 2018고단1428
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the city bus B.

On April 4, 2018, the Defendant driven the above city bus around 17:20, and was stopped to get passengers to board and alight at the bus stops at the 1036 high-end shuttle-gu unification.

In this case, there was a duty of care to check passengers' boarding and safely start the bus driving service and prevent passengers from falling off on the bus.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the road due to the negligence that started without completely leaving the victim C (85) who is a passenger, and caused the victim to suffer the injury to the aggregate between the left-hand end of the 10 week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of one CD for traffic accident reports, on-site photographs, diagnostic certificates, CCTV video recording images, etc.;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the degree of injury to the victim of the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not weak shall be taken into account in light of the circumstances unfavorable to the defendant: Provided, That the fact that the defendant's recognition of the crime of this case is against the defendant, the injured person does not want the punishment against the defendant by agreement with the victim, and the fact that there is no record of criminal punishment other than the fine imposed due to the crime of violating the Road Traffic Act in 2000, shall be taken into consideration in light of the circumstances favorable to the defendant.

In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and various sentencing factors specified in the theory of changes shall be comprehensively considered, and the punishment shall be determined as ordered.

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