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(영문) 청주지방법원 2016.08.26 2016고단94
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2.However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving of the same E-city bus belonging to the same transportation service.

On November 26, 2015, the Defendant set up the bus at the bus stops in front of the members of the Gu Council located in the Gu, a considerable area of Gu, Cheongju-si, and continued to run after boarding the passengers.

In such cases, the driver of the city bus has a duty of care to safely drive the bus, such as checking passengers' boarding and closing the bus door, to prevent the fall of passengers.

Nevertheless, under the circumstances where the victim D (V, 66 years old) who is going to board the bus on the instant metropolitan bus, the Defendant did not confirm the victim's boarding or driving properly, and the damaged person who started from the said urban bus with the open door and started to fall from the said urban bus by negligence.

Ultimately, the Defendant suffered approximately 10 weeks of pressure from the victim due to such occupational negligence. In addition, the Defendant suffered approximately 10 weeks of pressure from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of H and D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A H statement;

1. Investigative into the occurrence of a traffic accident, a report on the occurrence of the traffic accident, a report on the actual condition, a field photograph, a photograph reported by the victim, a photograph of a black stuff, a black stuff, a CD, or a tea inquiry;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor) concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is unclear) is unreasonable.

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