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(영문) 서울서부지방법원 2018.07.26 2018고단1508
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the operation of a fishing city bus to D New Airport.

On March 1, 2018, the Defendant driven the above vehicle at around 18:40 on March 1, 2018, and stopped three lanes in front of the F convenience store in Seodaemun-gu Seoul Metropolitan Government, in order to get off and off passengers at the bus stops in Seoul Women's Nursing University.

In such cases, there was a duty of care to prevent accidents by taking necessary measures, such as closing the door accurately in order to prevent persons who are engaged in driving of motor vehicles from falling off.

Nevertheless, the Defendant did not accurately confirm whether or not there is any passenger who has yet to get off the bus entrance, and started without completely closing the bus entrance through the rear entrance of the bus, and went far away from the bus G (Woo 78 years old) and went beyond the floor, and served on the right side of the bus with the rear wheels of the bus.

Accordingly, the defendant suffered from the injury of NOS and openness of the bridge that could not be known to the victim due to occupational 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The degree of injury to the victim is significant.

o favorable circumstances: A sea-going vehicle is subscribed to a bus mutual aid, and the defendant separately agreed with the victim.

The punishment as ordered shall be determined in consideration of all the circumstances, such as the age, sex, environment, etc. of the defendant in the same circumstances as o or above.

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