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(영문) 서울중앙지방법원 2017.06.21 2017고단2017

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 a period of 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 driving of B-si.

On January 17, 2017, around 23:18, the Defendant moved the roads prior to the D exhibition hall located in Seocho-gu Seoul Metropolitan Government C from the direction of the C, to the speed of about 16 km in the direction of the Si-Seo Fire Station.

At the time, there are nights and crosswalks at front, and thus, the driver of a motor vehicle had a duty of care to check whether there is a person who will drive the motor vehicle by reducing the speed and checking well the front door, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not take the victim E (20) to the left-hand side by using the crosswalk due to negligence while driving it, and did not take the victim E (20) and had the victim go beyond the ground with the part above the left-hand side of the taxi driving of the Defendant go beyond the victim's bridge.

As a result, the Defendant suffered from the victim’s above occupational negligence a face that requires treatment for about six months.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. A written statement on the occurrence of each traffic accident;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act is the case where the illegality in the category 1 (the injury of traffic accidents) (the person with a special aggravated punishment) is serious, or in the case of a climatic driving (excluding subparagraph 8) of the proviso of Article 3 (2) of the Act of the Special Cases of the Union (the decision of sentencing) is recognized as a crime, and the fact that it is anticipated to be damaged by being admitted to the taxi mutual aid association, and that the pedestrian walking along the crosswalk is larger and more serious damage to the defendant due to the shock accident.