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(영문) 대전지방법원 천안지원 2017.11.16 2017고단1545
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in three-dimensional city bus driving services.

On June 17, 2017, the Defendant driven a bus around 11:10, and stopped in order to get passengers to get off at the front bus stops in front of the Yeongdeungpo-gu Office, Young-gu, ro 78, Asan-si, Sinsan-si, and came to start the bus at the intersection of the earth from the breadth of the hot spring to the breadth of the earth.

In such cases, the driver of the bus has a duty of care to prevent the fall of the passenger by completely closing the door and safely starting the door after confirming whether the passenger was fully boarded.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 80) who was lowered through the rear door of the above bus to fall on the road, and suffered injury to the victim, including the lower end of the left-hand frame, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Photographss by capturing a black stuffe image;

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

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; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no basic area (four months to one year) (the person who is subject to special sentencing] of the first type of traffic accident [the decision of sentence] [the degree of injury of the victim] The degree of injury of the victim is serious, but the defendant is recognized and contradictory to the defendant, the defendant is affiliated with the bus mutual aid association, the fact that there is no criminal history for the same kind of crime, and other circumstances after the crime, etc. shall be determined as ordered in consideration of the defendant's age, sexual behavior, and after the crime.

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