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(영문) 서울남부지방법원 2015.01.23 2014고단4534

교통사고처리특례법위반

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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

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On October 12, 2014, around 01:30 on October 12, 2014, the Defendant got the front of Yeongdeungpo-gu Seoul Metropolitan Government C to drive the said taxi at approximately 40 km per hour depending on the two-lanes from the new wind station to the Do Do Do Do Do Do Do Do.

At night, a person engaged in driving service with a crosswalk installed at night, has a duty of care not to obstruct or endanger the crossing, such as temporary stop in front of the crosswalk, if there is a pedestrian, after checking whether there is a pedestrian who walk the crosswalk well by checking the front side and the right and the right.

Nevertheless, the defendant neglected to use the crosswalk and did not discover the victim D(59) to the right side from the left side of the defendant's proceeding, and caused the victim's right side to the front part of the defendant's driver's taxi.

Ultimately, the Defendant caused the above victim by occupational negligence to suffer injury, such as cutting the frameworks of the light frame, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident 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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type I (1-6 months) (Special Mitigation) (including efforts to recover from traffic accidents), the area of mitigation (including special mitigation), the area of mitigation (including serious efforts to recover from damage), the penalty not (limited to decisions of sentence], the taxi mutual aid association, and the agreement is reached smoothly with victims, etc. shall be determined as per the disposition;