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(영문) 수원지방법원 안양지원 2013.08.07 2013고단488
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Schlage bus vehicles.

On February 2, 2013, the Defendant driven the above vehicle on February 17, 2013, and stopped at a bus stop located in front of the Bank of Korea during the safe-sea season, but continued to proceed toward the flying distance from the boundary of the playground.

In such cases, a person engaged in bus driving service has a duty of care to take necessary measures, such as accurately closing doors, in order to prevent any person on board or getting out of the bus from falling.

Nevertheless, the defendant neglected this and started in the open state of the bus entrance, and the victim D (g2 years old) who was lowered away from the bus, and caused the bridge to be sub-speed to the top top of the bus.

As a result, the Defendant had the victim receive approximately 16 weeks of medical treatment on the left-hand side of the open-hand side, bucks, Hubucks, lower bridges, slopings, etc. due to the above occupational negligence, and thereby caused serious injury that cut down below the right-hand kne.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing field photographs and CCTV images;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 10 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act

1. Reasons for sentencing [the range of punishment imposed] under Article 62(1) of the Criminal Act (the fact that the defendant reflects the error, the fact that the defendant has subscribed to a comprehensive insurance and deposited KRW 5,00,00 for the victim, the defendant has no criminal records above the suspension of execution, the circumstances of accidents, etc.] under Article 62(1) (the grounds for sentencing] of the Criminal Act (the scope of recommendations] shall be sentenced to imprisonment for not less than one month but not more than five years (the scope of recommendations), traffic crimes for not less than four months but not more than ten months, general traffic accidents, and the injury of traffic accidents in Type 1 (the injury of traffic accidents): efforts to recover the damage;

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