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(영문) 부산지방법원 동부지원 2016.08.11 2016고단826
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

On May 21, 2016, the Defendant was driving a village bus No. B 2, with the operation of the above village bus around 22:00 on May 21, 2016, and stopped with the rear door door in order to allow passengers to get out of the light apartment.

In this case, the village bus was completely stopped in the course of stopping to get passengers to get off the village bus, so that passengers can safely get off the bus, and there was a duty of care to prevent them from falling off the bus.

Nevertheless, the defendant neglected this and opened a door in the state that the village bus was not completely stopped, and it exceeded the road of the victim C (V, 63 years old) who is a passenger to report the door open.

As a result, the Defendant caused the victim to suffer from the injury to the left-hand bed in the upper-hand bed in need of approximately 16 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. Application of traffic accident reporting Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 10, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the fact that the defendant recognized the crime of this case and the defendant agreed smoothly with the victim);

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