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(영문) 광주지방법원 2014.10.08 2014고단2883
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in military bus operation in C.

On June 9, 2014, at around 08:40, the Defendant was stopped to drive the above bus and let passengers get off at the bus stops in the Dodong-ri-dong, Young-gu, Young-gu, Young-gu, Young-gu.

In this case, as a bus driver, the bus driver has a duty of care to prevent passengers from falling off the bus by safely starting the door after checking the passengers' getting on and off the bus.

Nevertheless, the defendant neglected to do so and the victim D (M, 72 years old) who was unloading from a bus with the rear door of the bus fell from the bus.

Ultimately, the Defendant suffered injury to the victim, such as inside the right joints and joints, which require treatment for about eight weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to E (victims' children);

1. The actual condition survey report;

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. Optional fine;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act: The accident in this case is highly dangerous that the accident in this case is likely to cause the failure of bus drivers to fulfill their basic duties, and the degree of damage to the victim is heavy. - The circumstances in this case are that there is no criminal record against the defendant, the defendant does not want the punishment of the defendant, and the vehicle in this case was subscribed to the bus mutual aid association.

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