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(영문) 수원지방법원 안양지원 2015.12.18 2015고단1532
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

Defendant

B A person who is engaged in the operation of urban buses.

On September 29, 2015, the Defendant driven the above bus on September 16:15, 2015, and proceeded along four-lane roads in front of Manyang-gu, Manyang-si, Seoul, along four-lanes from the military breath to the Seoul breath. On September 29, 2015, the two-lanes stopped for passengers' getting on and off the bus stops at the bus stops of the National Bank.

In such cases, the driver has a duty of care to prevent accidents, such as the fall of passengers, by checking whether the passengers who are getting off the bus completely and closing the back of the bus.

Nevertheless, the Defendant neglected the above duty of care and did not confirm whether passengers get off or not, and caused the victim D (W, 80 years old) who was getting out of the bus to go beyond the road due to the occupational negligence that started in the open state of the rear door of the bus.

Ultimately, the Defendant caused the victim to suffer injury, such as double ducts, which require approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1) (2);

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] General Traffic Accidents in Article 62(1) of the Criminal Act shall be determined as per the order, taking into consideration the following: (a) the mitigation area of punishment (one to six months) [special mitigation] and the degree of injury not to be sentenced (decision of sentence]; (b) but the degree of injury is not minor; (c) other than special mitigations, there are no criminal punishment history; and (d) the bus mutual aid is subscribed

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