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(영문) 서울서부지방법원 2019.09.10 2019고단2450
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

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

On June 17, 2019, the Defendant was driving the above bus around 09:48, and was stopped in the D bus stops in front of the Seoul building C in Eunpyeong-gu Seoul.

At the time, the bus stops and stops at a bus stop in order to get passengers get off or get off, so in such a case, there was a duty of care to prevent accidents in advance by checking whether the passengers have completed getting off or getting off, and by safely starting the door after close.

Nevertheless, the defendant neglected this and caused the victim to go far away from the land in the lower process by negligence, which started the bus from the Do where the victim E is under the age of 71.

Ultimately, the Defendant suffered from the victim’s injury, such as pressure to 3rd degree of pressure, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a report on internal investigation;

1. Application of Acts and subordinate statutes to a report on investigation (in-house investigation) and a report on investigation (in-house examination);

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

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. Determination of sentence [Incompetence] was made by the Defendant, in violation of his duty to prevent the fall of passengers, resulting in an injury in need of medical treatment for 12 weeks, and the responsibility is not to be minor.

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