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(영문) 서울동부지방법원 2015.01.07 2014고단3426
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a B-area bus owned by the Gyeonggi-do Development Bank.

On May 27, 2014, the Defendant driven the above bus around 08:10 on May 27, 2014, and proceeded ahead of the subway diving station in Songpa-gu Seoul Metropolitan City to the intersection of the diving zone from the northwest bank to the intersection of the sericultural zone, but was stopped at the bus stops located in front of the exit six in the sericultural basin.

At the time, the Defendant was stopped to allow passengers to get off or get off, and in such a case, there was a duty of care to prevent the passengers from falling off the bus by taking necessary measures, such as closing the door accurately in order to prevent the passengers from getting off or getting off the bus.

Nevertheless, the Defendant neglected this and caused the victim C (the 68 years of age, female) to go beyond the road floor by closing the back door of the bus, although the victim C (the 68 years of age, female) was going up to the bus stairs.

The Defendant suffered from the victim C by negligence in the above occupational negligence ad hocly 12 weeks of the need for a medical treatment of the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] shall be taken into consideration such as the violation of the basic area (decision of sentence] and the basic area (decision of April to October) of the type 1 of general traffic accident, the occurrence of an accident in which the victim intends to take aboard with a bus back, the fact that the bus mutual aid association is admitted, and the fact that the victim has no record of having been punished;

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