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(영문) 창원지방법원 진주지원 2018.05.18 2018고단319
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person running a city bus B.

On February 7, 2018, the Defendant driven a bus around 10:00 and stopped in order to get passengers get off or get off at the bus stops located in Jin-si, Jin-si, which are located in Jin-si, but began from the central square off from the mapt.

In this case, a person engaged in driving of a motor vehicle has a duty of care to confirm whether passengers have safely completed boarding and unloading the motor vehicle prior to departure, and to accurately close and start the entrance in order to prevent the fall of passengers.

Nevertheless, the defendant neglected this and opened the back door without shutting it, and the victim C (the 76-year-old age) who was a passenger who was under the back door due to the occupational negligence that started without shut down the back door, fell out of the bus and got out of the floor.

Ultimately, the Defendant suffered injury to the victim, such as the injury and felbage that requires approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black stuffs;

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

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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