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(영문) 수원지방법원 평택지원 2016.09.29 2016고단1318
교통사고처리특례법위반
Text

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

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 who is engaged in driving a bus B.

On April 26, 2016, the Defendant driven a bus around 10:25 on April 26, 2016, and stopped at a bus stop located in Pyeongtaek-si C for passengers getting on or off the bus.

In such cases, there was a duty of care to care to ensure that there is a person who drives a bus on board and alight from the bus properly, and that there was a duty of care to ensure that there is no accident in the course of passengers getting on and off the bus by properly operating the entrance opening and closing system.

Nevertheless, the defendant neglected this and did not see that the victim E (the age of 82) is trying to take the front of the bus, and the damaged person was faced with the front door of the bus due to negligence and exceeded the road.

Ultimately, the Defendant suffered injury to the victim, such as 9 chest pressure pressure, which requires approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on the actual condition (including a screen by cutting off the black stuffs and images);

1. Application of Acts and subordinate statutes of E;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;

1. Determination on the application of sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: To take into account all the circumstances, including the fact that there is no record of crime in the basic area (from April to one year) of the type of general traffic accident (the injury caused by traffic accident) and the fact that the person is insured by the mutual aid association;

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