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(영문) 서울중앙지방법원 2020.02.14 2019고단7256
교통사고처리특례법위반(치상)
Text

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

Reasons

Punishment of the crime

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

At around 14:40 on November 14, 2019, the Defendant moved down the bus windows in order to walk the starting bus at the above village bus parked in the village bus stops in front of the Dongjak-gu Seoul Metropolitan Government C apartment Ddong and shut down the bus windows.

Since there was a sloping road, a driver has a duty of care to prevent accidents in advance by taking measures to prevent the occurrence of a slick accident, such as cutting down trees, ancient stones, and other vehicles, such as rubber and plastics, on the wheels in the direction of preventing a slope from getting off the slope, or returning the steering gear to the edge of the road.

Nevertheless, the Defendant did not take measures to install solid trees, etc. to prevent slock accidents or to return the steering gear to the edge of the road, left a slock slock in the middle of the village bus affected by the slock, left from the vehicle so that the village bus can be cut down in the direction of the slope down, and the victim E (V, 57 years old) who was on board the said village bus had experienced the risk of accidents and shocked the head from the village bus to the floor.

Ultimately, the Defendant suffered brain injury to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to each medical certificate (E), each medical statement (whether serious injury) and each medical opinion;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to traffic crimes: general traffic accidents [the category 1] caused by traffic accidents (the person specially punished] - the aggravated factors: serious injury.

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