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(영문) 서울중앙지방법원 2013.08.09 2013고단3525
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 the operation of route buses C.

On May 2, 2013, at around 18:28, the Defendant driven the above bus on the road front of the bus stops in Gyeonggi-do, Gangnam-gu, Seoul, and operated the bus at a speed of four lanes depending on the four-lanes from the shooting distance of open bus stops in front of the bus stops. On May 2, 2013, the Defendant stopped at the bus stops to get off the victim D (n, 66 years old) who is a passenger at the bus stops.

In this case, the defendant engaged in driving service has a duty of care to prevent the loss of passengers on the bus by starting safely after checking the passengers' getting on and off accurately and closing the door.

Nevertheless, the Defendant neglected to do so and caused the above victim to be towed to the ground of the bus by negligence, which started without completely leaving the door close which the above victim used on the right side of the bus, and caused the victim to be towed to the ground, and then, the victim's right side part of the above victim's right side falls short of the back wheels of the bus.

The Defendant caused the victim to suffer bodily injury, such as the pelpelus, which requires medical treatment for about 12 weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

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

1. Article 3 (1) 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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] General Traffic Accidents, Type 1 (Bodily Harm resulting from Traffic Accidents) - mitigated elements: The area of mitigation [the scope of a sentence of recommendation] effort to recover damage: Not more than 6 months without prison labor (decision of a sentence of sentence of punishment) and the degree of injury to a victim is not easy, and the victim is also the victim.

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