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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단3160
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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 city buses B.

On September 30, 2015, the Defendant was driving a bus around 18:30 on September 30, 2015, and was stopped to get passengers to get off at the bus stops located in front of an elementary school located in Seoyang-gu, 1154-34 in order to come back again.

In such cases, the bus driver 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, despite the fact that the victim C (n, 78 years old) was not fully lowered in the back of the bus in open, the defendant did not have the victim C (n, 78 years old) so far beyond the road.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the victim from blood transfusion, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the order to provide community service and attend lectures [the scope of recommended punishment]: In the case of serious injury (Article 62-2 of the Criminal Act: 1 type of ordinary traffic accident (Article 8-1 year and June): In the case of serious injury (Article 1), the defendant's crime is very heavy, and the victim's family members, including the victim, including the victim, have made efforts to recover damage after the crime, are disadvantageous.

However, it is recognized that the civil damage can be compensated due to the purchase of the motor vehicle comprehensive insurance.

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