The prosecution of this case is dismissed.

1. The Defendant is a person engaging in driving a village bus No. 48.

On December 2, 2014, at around 12:25, the Defendant runs the three-lane road in front of Seongdong-gu Seoul, Seongdong-gu, Seoul from the edge of the pilot distance to the king scenario distance.

The bus stops in Seongdong-gu Office has been stopped.

At the time, two elderly passengers were on board the above village bus, and the defendant was scheduled to stop at the bus stops and to get passengers to board and alight from the bus stops, so in such a case, a person engaged in driving a motor vehicle has a duty of care to check whether passengers board and alight from the bus and to prevent accidents by operating the entrance in a state where passengers can safely board and alight from the bus by completely stopping the bus.

Nevertheless, the Defendant neglected to stop the bus while opening the entrance after the bus without restoring its weight to its entirety, and caused the victim F (72 years old) who was trying to get off the bus through the entrance around the bus around that time due to the fire of the body caused by the bus stop by the bus stop, and caused the head of the road off by the bus door opened by the Defendant.

As a result, the Defendant suffered injury to the victim from an injury of an external wound in which there are two or more open addresses in need of treatment for about five weeks due to such occupational negligence.

2. Determination

A. The prosecutor indicted the charged facts of this case under Article 3(1) and the proviso of Article 3(2)10 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and Article 268 of the Criminal Act. The prosecutor first examines whether this case constitutes “the case of driving a vehicle in violation of the duty to prevent passengers from falling.”

B. Comprehensively taking account of the evidence duly adopted and examined by this court, the following facts can be acknowledged.

(i) The village bus of this case driven by the defendant on December 2, 2014.