The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal doctrine) is that the village bus completely stops and opened the entrance at the time when the passengers can safely get on and off, the Defendant immediately after the stop of the village bus, but opened the door door rapidly in a state where the weight is not restored immediately after the stop of the village bus. As such, in the process of restoring the weight-centered weight, the injured party who caused the building-proof fire going beyond the center and suffered an injury outside of the opened vehicle, and thus, the Defendant violated the duty to prevent the fall under Article 3(2)10 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

Therefore, the judgment of the court below which dismissed the prosecution of this case on the premise that it did not violate the duty to prevent the fall.

2. Determination

A. The summary of the facts charged in the instant case is a person engaging in driving a village bus No. 48.

On December 2, 2014, the Defendant stopped at the Seongdong-gu bus stops in Sungdong-gu, Seoul, about December 12:25, 2014, a three-lane road in front of Seongdong-gu, Seoul, from the edge of the pilotage distance to the sking distance.

At the same time, two elderly passengers were on board the above village bus, and the defendant was scheduled to stop at the bus stop and get passengers to get off and get off the bus. In such a case, a person engaged in driving a motor vehicle has a duty of care to check whether passengers get off and get off the bus, and to stop the bus completely so that the entrance can safely get off and get off the bus, thereby preventing accidents.

Nevertheless, the Defendant neglected to stop the bus and opened the entrance after the bus without restoring its weight to its entirety, due to the negligence of opening the entrance after the bus, and around that time, the victim F (the age of 72) who was trying to get off the bus through the entrance after the bus.