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(영문) 수원지방법원 안산지원 2016.11.29 2016고정1508
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of urban buses B to which he/she belongs.

On September 20, 2016, the Defendant driven the above city bus on September 20, 2011:35, while proceeding one lane from the members C of Ansan-si and the front one lane to the new road box from the direction of the stop.

In order to get passengers to get off, it was stopped and started.

In this case, the defendant engaged in driving of motor vehicles has a duty of care to prevent passengers from falling off the bus by safely starting the door after checking passengers' getting on and off the bus.

Nevertheless, the defendant neglected this and did not get off without passengers, and the victim D(62 years of age) who was a passenger who was at the time when the door was closed at the time of the defendant's bended on the floor.

As a result, the Defendant suffered from the victim’s occupational negligence, such as “influoral finites,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. To take into account all the circumstances, including the fact that the victim of the reason for sentencing expresses his/her intention not to want the punishment of the defendant at the investigative agency and the defendant is the primary offender;

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