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(영문) 청주지방법원 충주지원 2017.11.03 2017고단590
교통사고처리특례법위반(치상)
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

around 11:20 on April 21, 2017, the Defendant, as a bus driver, was set up a DNA bus in order to let passengers get on and get off at the front bus stops in Eunpyeong-gu Seoul Metropolitan Government.

In such cases, bus drivers have the duty of care to check the passengers' getting on and off, and to prevent the passengers from falling off on the bus by starting safely after the entrance is closed safely.

Nevertheless, the Defendant neglected such duty of care and thereby caused the damage to the victim E (the age of 57) to fall out of the vehicle due to negligence, which started the bus while he was on the back of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as the abandonment of the flag and the flag on board, which require approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. A report on the occurrence of a traffic accident;

1. The driver's license ledger and the driver's license ledger;

1. A written diagnosis of injury;

1. The photograph of the sea;

1. The application of Acts and subordinate statutes to each investigation report (the submission of a written diagnosis of injury to a victim, the confirmation of image of a locker of a damaged vehicle, and the confirmation report on the condition of victim E);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the selection of imprisonment without prison labor for a crime;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (four months to one year) of the types of general traffic accidents (the injury caused by traffic accidents) (the person who has no special sentencing seal]; and

2. In the instant case, the Defendant, as a bus driver, must take necessary measures to close the door accurately so that the Defendant does not fall off, but did not find out that the rest of the victim, who was involved in the operation, is rapidly on board the rear door and shut down the door from the vehicle.

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