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(영문) 서울동부지방법원 2018.11.22 2018고단1983

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On April 4, 2018, the Defendant driven the above taxi on April 4, 2018, and driven the front road in Gwangjin-gu Seoul Special Metropolitan City at the speed of the Gu from the long distance to the long distance of the Gu.

At the time, there was a large number of new walls, and there was a crosswalk on which signal lights are installed in the front section of that area, so in such a case, the driver had a duty of care to reduce speed to the person engaged in driving service and to check whether there is a person to walk the crosswalk well, and to safely drive the traffic signals in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded with a stop signal while driving the vehicle, and the Defendant was on the right side from the left side of the driving direction of the vehicle in accordance with the pedestrian proceeding signals, and received the victim E (the 58-year old-age-old) from the front left side of the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the “absecting the body of the body of light,” which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The actual investigation report on traffic accidents;

1. A photograph of the vehicle and on-site photograph;

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

1. The relevant legal provision on criminal facts and the proviso of Article 3(1), Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor), causing an accident by violating the signal at the crosswalk of the reasons for sentencing, and the Defendant’s negligence is heavy, and the degree of the injury suffered by the victim is significant.

An agreement has not been reached.

It shall be considered as an unfavorable factor for sentencing.

Provided, That sea vehicles are insured by the mutual aid association.

It shall be taken into account that there is no electricity except 300,000 won of a fine for Lee Jong-chul.

The age, sex, environment, etc. of the defendant.