logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2017.12.15 2017고단919
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 driving a bus B.

On June 1, 2017, the Defendant driven a bus at around 09:53 on June 1, 2017, while driving the bus, leading C ahead of the original city to the direction from the side of the front city.

At the time, the Defendant stopped at a bus stop, and the passengers are getting on and getting off, so there was a duty of care to take necessary measures to prevent the fall of passengers, such as closing the door accurately in order to prevent the passengers from falling off.

Nevertheless, the defendant neglected this and caused the victim D (the age of 63) to face with the ground floor without properly verifying the back, and without closing the back of it, and caused the victim to go beyond the victim due to negligence.

Ultimately, the Defendant suffered from the Defendant’s injury to pressure Section 1, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report, on-site photograph of an accident, and an investigation report (verification of CCTV images of buses);

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, motive, and circumstances after the crime, under Article 62(1) of the Criminal Act (the following sentencing conditions favorable to the Defendant) of the suspended sentence, shall be determined by taking into account the following circumstances, as well as the sentencing conditions indicated in the records.

Unfavorable circumstances: The degree of violation of the duty of care of the private bus driver and the degree of damage are not easy.

A favorable circumstances: A bus mutual aid association is insured.

The victim agreed to pay 2.5 million won to the victim.

(2) has been subject to a penalty exceeding a fine.

arrow