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(영문) 서울남부지방법원 2015.11.05 2015고단4189

교통사고처리특례법위반

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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 engaging in rocketing or other corporation taxi driving service.

On September 8, 2015, the Defendant driven the above taxi at a speed of approximately 20km per hour, depending on the two-lanes from the new wind station, while driving the front road of Yeongdeungpo-gu Seoul Metropolitan Government at a speed of about 20km, along the two-lanes from the new wind station.

Since there is a place where traffic is controlled by signal, etc. and a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by examining the pedestrian above the crosswalk.

Nevertheless, by neglecting stop signal, the Defendant got the victim from the right-hand side of the victim D (the age of 59) who walked on the crosswalk in accordance with the walking signals from the left-hand side of the taxi driven by the Defendant by negligence while driving a stop signal, and caused the victim to go beyond the ground floor.

As a result, the Defendant suffered injury to the victim, such as a 11-day streke, which requires medical treatment for about 12 weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report;

1. Investigation report (verification of black boxes and video images);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] In the case where illegality in the proviso of Article 3(2) of the Specialized School Act (amended by the Presidential Decree No. 2010, Aug. 1, 200) is serious in the area of aggravation (8-1 year and 6 months) of the first type of traffic accident (the person under special circumstances) (the decision of sentence], the defendant's negligence and degree of damage, etc., although the liability for the crime is not minor, the defendant is recognized and against