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(영문) 인천지방법원 2014.02.13 2013고단7313
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in driving village buses B.

On October 11, 2013, the Defendant driven the above bus on the 11:50th day of October, 2013, and stopped at the bus stop in front of the D hotel in Gyeyang-gu Incheon Metropolitan City along the four-lanes from the boom distance room to the operational Dong, while driving the four-lane road in front of the D hotel in Incheon Gyeyang-gu.

In order to get passengers to get off the bus at the time, the operator of the village bus was in the situation of temporarily stopping the bus and starting it, so that the person engaged in driving service of the village bus has a duty of care to check the safe unloading of the passengers and prevent the passengers from falling off the bus after starting the bus.

Nevertheless, the Defendant neglected to check the safe cargo of passengers, and caused the victim E (the 57 years old and female) (the 57 years old and female) who was coming from the bus through the rear door to close the rear door of the bus without checking the safe cargo of passengers, and caused the victim E (the 57 years old and female) to leave the rear door away from the bus.

Ultimately, the Defendant suffered injury to the victim under the above occupational negligence during approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. The actual condition survey report and each photograph;

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

1. Article 3 (1), 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. Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction for the same offense and there is no previous conviction for the same offense other than three times, the fact that the person has joined the mutual aid association, the fact that the person has agreed with the victim, and

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