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(영문) 청주지방법원 2014.11.12 2014고단222
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 buses C.

Around 09:55 on September 30, 2013, the Defendant was making a stop at the bus stops in 2-gu, Aero 2-gu, Chungcheongnam-gun, Chungcheongnam-gun, Seoul-do.

Since the Defendant was stopped in order to get passengers to get off the bus stops, there was a duty of care to prevent accidents in advance by taking necessary measures, such as accurately closing the door so that persons on board or getting off the bus do not fall.

The defendant neglected this and caused the victim D (the 65 years old) (the 65 years old) who was set off a bus from the bus by negligence with an open entrance when the bus stops in the bus stop.

As a result, the Defendant suffered from the 2, 3, and 4 middle sacratium in need of approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Results of the verification of CDs in this Court

1. Photographs;

1. A medical certificate;

1. Investigation report (report on confirmation of details of victim's D medical care benefits), application of Acts and subordinate statutes on the details of medical care benefits to victims;

1. Relevant Acts concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (10) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence,

1. The reason for sentencing of Article 62(1) of the Criminal Act in the suspension of execution is that the defendant, as a bus driver, has a duty to protect the safety of passengers, and it is not easy that the victim was injured by negligence before the bus stops completely.

However, there is a conflict between the defendant and the victim, the fact that the bus is affiliated with the bus mutual aid association, and the victim also does not confirm the safety.

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