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(영문) 서울북부지방법원 2019.06.20 2019고단245

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 who is engaged in the duty of driving B rocketing taxi.

On July 28, 2018, the Defendant driven the above taxi on July 19:34, 2018, and tried to make a U-turn in the direction of crossing the Do salary public health clinic from the direction of friendly moving from the second lane of the Do second line of Dobong-gu Seoul Metropolitan Government.

Since there are no safety signs allowing a U.S. intern, in such cases, a person engaged in driving duties has a duty of care to enter the lane allowing a U.S. intern and prevent an accident in advance by driving a U.S. safely in accordance with a U.S. code.

Nevertheless, the Defendant neglected this and got the front part of the JY10T-2WM driven by the victim D (20 years of age) who was driven at the first lane of the Mamama course on the crosswalk that did not permit the U.S., but did not neglect the U.S. to take the front part of the Y10T-2WM.

Ultimately, the Defendant suffered approximately seven weeks of treatment due to the above occupational negligence, resulting in a loss of the right frame to the right.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident statement of D;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed a traffic accident in violation of the signal while driving a taxi, resulting in significant injury to the victim. Since the Defendant did not receive a letter from the victim, it is necessary to punish the Defendant accordingly.

However, the defendant is against his own mistake, and there is no heavy criminal punishment that goes beyond the suspension of the execution of imprisonment without prison labor.