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(영문) 의정부지방법원 2018.03.14 2017고단5582
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

On November 7, 2017, the Defendant, who is engaged in driving of the city bus B, operated the above city bus on the road in front of C in front of C in Yangyang-si on the one-lane road in front of C, and proceeded into Seoul gate in the front of the city, but stopped at the bus stops at the retired elementary school bus stops at the retired elementary school bus stops and let passengers get off.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by taking necessary measures, such as accurately closing the door so that he/she does not fall on or off the vehicle.

Nevertheless, the Defendant neglected to do so and did not confirm whether the passengers completed the vehicle safely and whether the back door completely closed, and did not immediately start, and fell into the back door of the victim D, which was moving off to India, to boomed into the back door where the victim D, who was going off to boom, and then sent back to the right edge of the bus.

Ultimately, the Defendant caused the victim to suffer injury while cutting down the right bridge by the above negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 10, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] : Traffic crime group, general traffic accident, traffic accident injury, basic area (in the event of an aggravated or serious injury, mitigation - in the event of an aggravated or serious injury), April - 1 year / [Evaluation] The victim suffered serious injury while cutting the right-hand bridge by the defendant's negligence. The result of the crime is significant.

However, the injured party is not subject to punishment for the accused by the smooth agreement with the injured party, and the accused is seriously against his/her mistake, and the accused is.

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