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(영문) 수원지방법원 2015.10.14 2015고단3398
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a bus No. 5500-1.

On February 28, 2015, the Defendant: (a) driven the bus at issue on February 19:30, 2015, and stopped the five-lanes in front of the bus stops that are in compliance with the Korea Electric Power Technology Institute of Electric Power and Technology located in Yong-si, Yong-gu, Yong-si; (b) while driving the bus at issue along four-lanes from the offline of the bus stops at the etracer license test site to the offline of the bus stops, the Defendant stopped to get passengers to board the bus at the above bus stops.

In this case, the driver has a duty of care to prevent passengers from falling off the bus by safely starting the door after checking passengers' getting on and off the bus.

Nevertheless, the defendant neglected this and caused the victim D (the age of 31) who was getting out of a bus to go beyond the road due to the negligence that started without completely closing the door.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual intercourse, which requires rehabilitation treatment for about six months.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. Medical certificates and opinions;

1. Application of the photographic Acts and subordinate statutes by cutting booms;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] of the reason for the sentencing of Article 62(1) of the Criminal Act [the grounds for the suspended sentence] of the general traffic accident (the scope of recommendation] of the basic area (the special mitigation) (4 to 10 months) of the category 1 of the traffic accident (the person under special mitigation)] and/or serious injury (the decision of sentence] unfavorable: the defendant violated his/her duty to prevent the fall of the passengers who get off from a bus and was not easy by his/her negligence, and the degree of the injury suffered by the

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