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(영문) 수원지방법원 2018.01.23 2017고단5310
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Criminal facts

The defendant is a person engaged in driving a bus No. C7.

On May 29, 2017, the Defendant driven a bus around 08:40 on May 29, 2017, and stopped in order to get passengers to get off at the bus stops with 1043 sick stations.

In this case, since it was stopped to get passengers to get off, there was a duty of care to prevent the passengers from falling off the bus by safely starting from the bus after checking the passengers' getting off and getting off.

Nevertheless, the Defendant neglected to do so and caused the victim D (the age of 64) to go up to the ground when she was fested in the first place and did not yet get out of the ground.

As a result, the Defendant suffered injury, such as a flaging of the flag, which requires approximately 10 weeks of treatment, to the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report (1) (1) (1)

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 According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is divided into and reflected in the crime of this case.

The defendant's bus operated is insured by the National Federation of Bus Transport Business Associations.

The defendant agreed with the victim.

There is no history of criminal punishment for about ten years by the defendant.

The defendant seems to retire at present in the bus company.

Circumstances unfavorable to the defendant are as follows:

The defendant, as a bus driver, is a passenger boarding the bus.

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