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(영문) 대전지방법원 2014.06.26 2014고단1045
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 the operation of urban buses C.

On January 25, 2014, the Defendant was driving the bus around 09:50, and was stopped to get passengers to get off the bus platform in front of the front of the front city bus in Daejeon-gu, Daejeon-gu.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to check whether passengers board or alight from the bus and to safely start the door, and to prevent accidents such as falling off from the bus, etc.

Nevertheless, the Defendant neglected this and caused the victim D (the 74 years old) who was a passenger from the above bus through the above door to fall off on the road, which was due to his negligence in the course of opening the door of the above bus, and caused the victim to suffer from the shock of the left-hand pelle, which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (1) 10 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents (Type 1), Basic Field, half of April to October of a credit cooperative (decision of a sentence], joining a mutual aid association, and deposit of KRW 3 million, etc.

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