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(영문) 수원지방법원 2015.10.08 2015고정1938
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person running a city bus B.

On March 31, 2015, around 09:12, the Defendant continued to run the roads of 65 new Chang-si 1, 105 new apartment 105, from the surface of the river to the surface of the water.

At the time, the defendant was stopped to allow passengers to board and alight, so there was a duty of care to prevent the passengers from falling off the bus by safely starting from the bus after checking passengers' getting on and off the bus.

Nevertheless, the Defendant neglected this and caused the victim C (the 65 years old) (the f5 years old) to go beyond the road, thereby causing the victim to suffer bodily injury, such as spacking spacks, which requires treatment for about two weeks, by the negligence of leaving the entrance as it was without completely closed.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the occurrence of traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and (10) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant recognized his mistake and reflects his depth; (b) there is no history of punishment for the same kind of crime; (c) the injured party is relatively minor; (d) the degree of injury of the injured party was taking appropriate measures after the accident; (b) the Defendant’s vehicle is admitted to the bus mutual aid association after the accident; and (c) the injured party’s negligence appears to have contributed to the occurrence of the accident; and (d) some of the injured

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