2019 Highest 870 Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury)

A person shall be appointed.

Kim J-jin (Lawsuits) and interest rates (Trial)

nan

May 2, 2019

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

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

The defendant shall order the defendant to attend social service for 80 hours and a compliance officer for 40 hours.

Criminal facts

The defendant is a person who is engaged in driving service of a bus owned by △△ Co., Ltd.

On December 6, 2018: around 30: Around 30, the Defendant stopped the bus at the bus stops located in Dongdaemun-gu Seoul, Dongdaemun-gu and let passengers get off the bus.

Since it is a bus stop where passengers get off, there was a duty of care to start with the following route after checking the movement of passengers at the time of getting off the bus and checking the full unloading of passengers.

Nevertheless, the Defendant neglected to do so and did not confirm that the victim B (the age of 71) was completely lowered, and did not depart from the original point of view, and the left door had the victim still on the bus go beyond the center and went beyond the road, and the victim turned over to the rear wheels of the bus.

As a result, the Defendant suffered injury to the victim, such as an artificial sponsor which requires treatment for about 24 weeks from the above negligence, such as an artificial sponsor.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Medical certificates and opinions;

1. An accident scene photograph;

1. Application of accident video CD-related Acts and subordinate statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders to provide community service and attend lectures;

Article 62-2 of the Criminal Act

1. The grounds for sentencing;

[Extent of Recommendation] General traffic accident type 1 (Bodily Injury resulting from Traffic Accidents)

[Special Mitigations] Ad Hoc (including serious efforts to recover damage)

2. Determination of sentence;

The Defendant, as a bus engineer, shall take necessary measures, such as opening the door accurately in order to prevent the person getting off or getting off the bus while driving the bus. However, the Defendant was in a state where the victim gets off the bus parked at the bus stopping at the bus stop on the road, and the rest of one side was placed on the bus stairs, and the victim's grandchildren who were getting off the bus with the victim was getting out of the stairs, but without properly examining this, suffered injury to the victim by causing a traffic accident, such as leaving the entrance door fast down and leaving the bus far away from the road, resulting in a traffic accident, such as making the victim go off the bus down, and making the bus go far away from the road. The Defendant was grossly negligent, and the result is significant.

However, it shall be determined as ordered in consideration of various sentencing factors in the trial process of this case, such as the defendant's age, character and behavior, intelligence and environment, family relationship, circumstance at the time of the crime, etc., in consideration of the fact that the defendant was living together with the victim, the defendant paid KRW 50 million to the victim with the agreed amount, the victim did not want to be punished, the vehicle of the defendant is affiliated with the comprehensive deduction of the Federation of Korea Bus Transport Business Association, the defendant's vehicle has the same kind of criminal records but has been punished by a fine, and there is no other criminal records.

Judges Park Jin-young