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(영문) 서울서부지방법원 2020.05.19 2020고단303
교통사고처리특례법위반(치상)
Text

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

except that the execution of the above punishment shall be suspended for 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 October 23, 2019, the Defendant was driving a bus at around 10:20 on October 23, 2019, and was stopped to allow passengers to get off and get off at the front bus stops located in Eunpyeong-gu Seoul Metropolitan Government.

Since there are passengers who want to get off the bus at the time, the bus operator has a duty of care to safely close the bus door and prevent passengers from falling down on the bus after checking whether the passengers have properly lowered the bus.

Nevertheless, the defendant neglected this and caused the victim E (the age of 79) who was on board the bus to lose the balance and to fall down on the delivery due to the negligence that the victim E (the age of 79) was in the middle of using the back door without shutting the door.

As a result, the Defendant suffered injury, such as a ductal flasing, which requires approximately 12 weeks of medical treatment, to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Visual data closures, photographs and cd;

1. Application of the Acts and subordinate statutes to medical certificates and verification personnel of insurance coverage;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. The sentence of sentence is determined by the agreement between the defendant and the victim, such as the fact that the victim has suffered serious injury due to the accident in this case.

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