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(영문) 서울중앙지방법원 2017.01.11 2016고단8504

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duties of driving CK5 taxi.

On August 6, 2016, the Defendant driven the above taxi on August 6, 2016, and continued one lane from the four-lanes in front of the Seoul Seocho-gu Seoul Metropolitan Government D Building to the private distance for education and development from the two-lanes.

At the same time, there is a crosswalk where signal lights are installed at the front of the road, so in such a case, the driver engaged in the vehicle driving duty has a duty of care to reduce the speed of the person engaged in the vehicle driving, to carefully check whether there is a person standing the crosswalk in compliance with the traffic signal, and to prevent the accident by accurately operating the steering gear and brake system of the vehicle.

Nevertheless, the defendant neglected to perform the above duty of care and proceeded as it is in violation of and proceeding with a stop signal, and the defendant was placed at the right side of the victim E (39 years old) who was moving the crosswalk from the left side of the above taxi in accordance with the pedestrian signals.

As a result, the defendant suffered injury, such as cutting the body of the body of the grandchildren, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. 교통사고 보고⑴⑵( 실황 조사서)

1. Investigation report (related to the verification of black stuffs and images);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor ( though the victim was not punished by the defendant, the degree of violation of the duty of care revealed in the crime of this case is very serious, and the defendant has been punished several times in the same kind of crime so far, and in particular, even though he was sentenced to a suspended sentence of imprisonment with prison labor and a suspended sentence of larceny, he/she is still under the suspended sentence.