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(영문) 서울북부지방법원 2019.02.19 2018고단5085
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On November 4, 2018, the Defendant was driving a bus around 13:05, and came back again after stopping to get passengers getting off at the bus stops located in front of the Seoul Jung-gu Seoul Metropolitan Government.

In such cases, there was a duty of care to prevent passengers from falling out of the bus by taking necessary measures, such as making it possible for persons who board or alight from the bus, and closing the door accurately.

Nevertheless, the defendant neglected this and failed to properly examine whether there is a person who gets off the bus, and caused the victim E (68 years of age) who gets out of the bus through the rear door of the bus in question, and caused the victim E (68 years of age) to fall off on the floor.

As a result, the Defendant suffered injury to the pelvis at the bottom of the pelvis, which was accompanied by a pelvis (all parts) that requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing field evidence photographs;

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 Act on Criminal Facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant could have prevented the accident if he had observed the victim's getting off at the time by using a negathic method.

The result of the accident in this case is significant, and there is sufficient need for the defendant to take heavy responsibility.

However, it is economical to treat the victims when the bus operated by the defendant is insured by the Financial Cooperative.

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