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(영문) 인천지방법원 부천지원 2017.05.18 2017고단452
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of urban buses No. C6.

On October 8, 2016, the Defendant was making a stop to let passengers get off at the bus stops located in the sub-Yancheon Inter-Sacheon Inter-Sacheon-gu bus stops while driving the above bus around 19:5 on October 8, 2016 and driving it into the sub-section of the southwest-gu apartment room.

At the time, since passengers are getting off the bus, the person engaged in driving service has a duty of care to prevent the fall of the bus by starting safely after checking the passengers' getting off and getting off accurately.

Nevertheless, the Defendant neglected this and caused the injury of the victim E (the age of 56) who was walking on the sidewalk due to the negligence of the passenger D, which started from the opening of the door, and suffered approximately eight weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or E;

1. A traffic accident occurrence report, a actual investigation report, and a diagnosis report;

1. Application of each statute on photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The gist of the claim is that the victim of the instant traffic accident does not fall under the “passenger” under Article 3(2)10 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and it does not constitute a violation of the obligation to prevent the fall of the passenger, since the victim of the instant traffic accident was an accident that occurred after voluntary unloading from D

2. The proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases concerning the Settlement of Traffic Accidents”) No. 10 shall be the passengers under Article 35(2) of the Road Traffic Act.

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