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(영문) 창원지방법원 2013.05.28 2013고단49
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in urban bus driving service B.

On December 13:30, 2012, the Defendant was driving the above bus on December 13:30, 2012, and was temporarily stopped in order to get passengers to board and alight on the road front of the bus stops located adjacent to the Changwon-si bus bus terminal in Changwon-si.

In such cases, a person engaged in driving service has a duty of care to prevent accidents, such as ascertaining whether a passenger has been fully deprived of the bus after stopping, and completely closing the door and departing safely.

Nevertheless, the defendant neglected the above duty of care and caused the victim C(55 years old) who was launched in the first stairs in order to board the bus in the bus due to the negligence that started from the point of view, to fall out of the bus.

As a result, the Defendant suffered approximately 12 weeks of medical treatment from the above victim due to the above occupational negligence, the closing frame of the large-scale bed.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the actual survey report and diagnosis report;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. The fact that the degree of injury suffered by the injured party for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable circumstance to be considered as the reason of sentencing below) is a disadvantageous circumstance.

However, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, shall be determined as ordered in consideration of the fact that the defendant is living together with his/her confession, the fact that the bus has been subscribed to the mutual aid, the circumstances favorable to him/her, and the amount of punishment

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