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(영문) 전주지방법원 정읍지원 2020.07.23 2020고단57

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 rocketing taxi driving service.

On November 24, 2019, the Defendant driven the above taxi on November 24, 2019, and led the two-lane roads in front of the Go Chang-gun, Go Chang-gun, Go Chang-gun, to drive at an indefinite speed from the surface of the terminal for Go Chang-gun to the direction of Go Chang-gun.

At that time, there was a crosswalk without a pedestrian signal, so there was a duty of care to prevent accidents by temporarily stopping in front of the crosswalk in order not to obstruct the crossing of the pedestrian or threaten the safety of the pedestrian.

Nevertheless, the Defendant neglected to do so and proceeded with the crosswalk as it is, and did not find out the victim D (Woo 59 years old) who was standing on the crosswalk as it is, and did not go through the crosswalk, and was shocked to the above taxi, thereby causing damage to the victim in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on traffic accidents and a report on actual condition;

1. An accident photograph;

1. A medical certificate;

1. Application of CD-related Acts and subordinate statutes

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. 4 to 1 year (basic area, mitigation elements of a special-sponsive person, mitigation elements of a special-sponsive person: Cases where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy) from the date of imprisonment without prison labor for the injury of traffic accidents;

2. The decision-making process of the sentence of sentence (Collision of the victim who has dried the crosswalk), the extent of injury is very serious, the basic compensation for damage is possible due to subscription to the taxi mutual aid, and the defendant provides the victim with additional money.