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(영문) 수원지방법원 성남지원 2013.07.04 2013고단1053
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On April 16, 2013, the Defendant driven B urban buses around 21:20 on April 16, 2013, and proceeded to the mountain basin from the vicinity of the uniforms in accordance with the way 52 Hun-Ma-dong, Sungnam-si, Sungnam-si, by three lanes. The Defendant stopped to get off and get off bus passengers at the bus stops in the fireworks village.

In such cases, the defendant, who is a bus driver, has a duty of care to take necessary measures, such as opening the door accurately in order to prevent the people on board or getting off the bus from falling off.

Nevertheless, the Defendant neglected this and got the victim C (ma, 66 years old) who was on board in front of the bus due to an open negligence in front of the bus, and fell out of the bus, and suffered the victim's injury, which requires about 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents;

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. The suspended sentence of Article 62(1) of the Criminal Act is subscribed to the bus mutual aid for reasons of sentencing.

The agreement was reached with the victim.

In consideration of all these points, the same type as the order shall be determined.

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