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(영문) 서울동부지방법원 2015.06.18 2015고단887
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a village bus No. C 16.

On March 17, 2015, the Defendant driven the above bus on March 17, 2015, and stopped in order to let the passengers get off and get off the bus at four-lanes from the 4-lanes of the windline in the front of the bus stops located in the area of Necheon-dong, Seoul Metropolitan Government heating Corporation located in the area of Necheon-dong, Seoul Metropolitan City.

In this case, the defendant engaged in driving service 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 (g0 years of age) who tried to get out of the bus due to negligence that started without completely closing the door, and caused the victim D to fall out of the vehicle.

Ultimately, the Defendant suffered injury to the victim under the pressure pressure Section 1, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report, and traffic accident occurrence report;

1. Written statements of D;

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

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

1. Selection of a selective fine for punishment (the fact that the person's error is against his/her prestige, the first offender who has no criminal history, the fact that a piracy vehicle is admitted to the Financial Cooperative and the victim wants to leave his/her wife against the defendant, the circumstance leading up to the occurrence of the accident, the circumstances after the crime, the age, character and conduct of the defendant, environment, family relationship, etc. are considered);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.

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