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(영문) 수원지방법원 안양지원 2019.07.18 2019고단452
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving village buses B.

On November 20, 2018, the Defendant stopped the Defendant’s vehicle in order to drive the front road of the bus stops of the Gu C Department Store in the direction of viewing distance from the direction of the crime history distance, and to let the passengers get off and get off.

In this case, as a person engaged in driving service has stopped to get passengers to get off, there was a duty of care to prevent passengers from falling off the bus by safely starting it after checking passengers' getting off and getting off the bus.

Nevertheless, the Defendant neglected to do so and caused the injury to the victim D (Woo, 73 years old) who was under the back of the Defendant’s vehicle due to the negligence of opening the back, and caused the victim to suffer about three months of medical treatment, such as cutting the frame of the left-hand flag, which requires treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Report on internal investigation (verification of black boxes and video materials);

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. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant, in violation of his/her duty to prevent the falling of passengers, inflicted an injury upon the victim in need of medical treatment for three months, is not subject to such duty.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

Defendant

A driver's vehicle is covered by a comprehensive motor vehicle insurance, and through the above insurance, approximately KRW 50 million was paid to the victim for medical expenses and consolation money.

The Defendant is an initial offender who has no criminal record.

Defendant. Other defendant.

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