beta
(영문) 서울서부지방법원 2019.09.10 2019고단2242

교통사고처리특례법위반(치상)

Text

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

However, 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 engaged in driving a rocketing taxi vehicle.

On May 9, 2019, around 19:51, the Defendant came to turn to the left at an aesthetic speed in the direction of the D market from the Hannam-gu, Yongsan-gu, Seoul.

At the time, since it is night and its location is a road with a crosswalk, when pedestrians pass the crosswalk, they have a duty of care to prevent accidents by temporarily stopping in front of the crosswalk stop line so as not to obstruct the crossing of pedestrians or endanger them.

Nevertheless, the defendant neglected to do so and continues to proceed with it.

The upper left side of the victim E (n, 67 years old) who opened the crosswalk from the right side of the course direction to the left side of the crosswalk was shocked to the upper part of the driver's seat of the defendant's vehicle and exceeded the road.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires a stability for about five weeks, such as the bones of the right side, requiring a stability for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Traffic accident report (1), (2), investigation report (video analysis);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident site 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 for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through one year without prison labor.

3. The defendant is sentenced to a sentence (unfavorable circumstances).