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(영문) 수원지방법원 성남지원 2019.03.07 2018고단2678
교통사고처리특례법위반(치상)
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 running a city bus B.

On October 28, 2018, the Defendant: (a) stopped in order to let passengers get off the road in front of the bus stops in front of the bus stops in the area of the 333 sperm in the direction of water in the direction of the sperm station, along with four lanes, in the direction of water flow; (b) on the part of the driver, the Defendant had a duty of care to check the passengers’ getting off and getting off the bus; and (c) on the part of the driver, the Defendant had a duty of care to prevent the passengers from falling off the bus by starting from the bus after completely closing the door.

Nevertheless, the Defendant neglected such duty of care and caused the victim C (n, 83 years old) who was in the lower end due to negligence starting from the port without closing the door of the exit, and suffered approximately 12 weeks back to the left-hand boom in need of treatment by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) [the scope of recommendation] of the general traffic accident category 1 (a) (a decision on a sentence of punishment in January to August) (a decision on a sentence of punishment] the mitigated area (a decision on a sentence of punishment in January to August) (a decision on a sentence of punishment) of the defendant's violation of the duty of care and the degree of

However, the vehicles of the defendant are subscribed to E-association, and the defendant agreed with the victim after the prosecution.

The defendant's mistake is divided, and there is no record of punishment for the last 30 years.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.

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