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(영문) 서울동부지방법원 2018.10.12 2018고단2079
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a bus No. 341, Seoul, which is owned by the Defendant.

On October 19, 2017, the Defendant driven a bus around 18:30 on October 19, 2017, while proceeding in the direction of a high school located in the direction of a Han Young High School along the two-lanes in front of Gangdong-gu Seoul, Gangdong-gu, Seoul, while stopping at the bus stops located in front of the reputation church and getting off passengers.

In such cases, a person engaged in bus driving service has a duty of care to accurately close the door after confirming that a passenger completely gets off the bus in order to ensure that the passenger does not fall on the road at the time of getting off the bus.

Nevertheless, the Defendant neglected this and neglected to close the back of the vehicle, and caused the victim E (34) (34) getting out of the bed bus to lose the center of the right door and go beyond the Indian floor.

As a result, the Defendant suffered injury to the victim, such as damage to the number of relatives in light of 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Each investigation report (No. 12, No. 16, No. 22 once a year);

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on CCTVs inside and outside buses, such as photographs at the scene of an accident, taking a victim, getting out or getting out of the accident, photographs to close down the accident moment;

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is reasonable, and the degree of injury suffered by the victim due to the negligence of the defendant is not weak.

However, in the case of the victim of this case, it seems that the degree of injury is increased due to the king, and the driver's vehicle of the defendant is covered by the motor vehicle comprehensive insurance, and through the mutual aid association.

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