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(영문) 의정부지방법원 고양지원 2016.06.16 2016고단744
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CF bus at low time.

On February 16, 2016, the Defendant: (a) driven the bus on the front of the bus stops in the Dong-ri Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which is located in 248, along the front of the bus stops in the Dong-ri Seoul Special Metropolitan City on February 16, 2016; (b) operated a one-lane road on the front of the bus stops in front of the Dong-ri Special Metropolitan City, which is located in 248; and (c) was stopped to get passengers to the bus stops and re-

In such cases, a person engaged in driving service of a bus has a duty of care to prevent passengers from falling off the bus by starting safely after checking passengers' getting on and off the bus.

Nevertheless, Defendant D (Woo, 79 years old) who was under the front door of the bus but did not completely load the road floor, but neglected to do so and caused the above victim to go beyond the road floor by negligence, starting from the front door.

Ultimately, the Defendant suffered from an injury to the victim due to the above occupational negligence on the part of the Defendant, 10, 12, with a strong pressure of 8 weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Application of the Acts and subordinate statutes of black stuffs and photographs

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and 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;

1. Selection of a credit cooperative without prison labor for punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) comprehensively taking into account the following circumstances: (b) the Defendant’s age, sex, environment, circumstances, circumstances after the commission of the crime, and all the conditions of sentencing specified in the pleadings in the instant case; and (c) the sentence is determined as ordered.

Unfavorable circumstances: A bus engineer who has violated the duty to prevent the fall of passengers.

The degree of injury of the victim is very serious.

The favorable circumstances: It shall be agreed with the victim in a smooth manner.

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