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(영문) 전주지방법원 2018.02.13 2017고단2002
교통사고처리특례법위반(치상)
Text

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

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

Reasons

Punishment of the crime

On August 30, 2017, the Defendant was a person who is engaged in the operation of modern urban bus B owned by citizens, and around 15:25 on August 30, 2017, the Defendant was driving the above vehicle, driving the vehicle in front of the mountain village in the front city of North Korea, the ancient city of North Korea, the ancient city of North Korea, and driving it in the direction of the Gyeongcheon-ro, the ancient city of North Korea, and making it stop at the bus stop for the river and let passengers get off the vehicle.

Since a vehicle operated by the defendant is a bus with multiple passengers, there was a duty of care to prevent accidents in advance by taking necessary measures, such as accurately closing the door so that people on board the driver or people getting off the bus do not fall.

Nevertheless, the Defendant neglected this and did not discover the victim C (the 76 years of age) who was parked in the back of the bus stopped at the bus stop, and did not properly close the rear door, and suffered injury, such as a chest 12, which requires approximately 12 weeks of treatment on the bus, by falling the victim from the bus.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Reporting on the occurrence of a traffic accident;

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

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The fact that an agreement has been reached between the victim and the victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment, and various circumstances, including the defendant's age, occupation, living environment, accident circumstance and result, etc., are taken into account;

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