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(영문) 대전지방법원 천안지원 2018.05.24 2018고단496

교통사고처리특례법위반(치상)

Text

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

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in B rocketing taxi driving duties.

On January 16, 2018, the Defendant driven the above taxi on January 16, 2018, and led to the driving of the D' C's roads in front of the D's oil station in Seoan-gu, Seoan-si, Seoan-si along the two two-lanes from the two sides of the two-lanes.

Defendant

Since a vehicle signal apparatus and a crosswalk operated by a pedestrian signal apparatus are installed on the front side of a driving taxi, in such a case, a person engaged in driving a motor vehicle has a duty of care to observe the vehicle signal and drive the crosswalk in good faith.

The Defendant neglected such duty of care, thereby violating the vehicle stop signal, and caused injury to the victim E (the 59-year old-age-older) who was a victim E (the 59-day-older) who dried the crosswalk pursuant to the pedestrian signals from the left side of the taxi driving the Madon by negligence without properly examining whether there is a person who dried the crosswalk, and due to the negligence on the part of the cab driving the Madon.

Summary of Evidence

1. Statement by the defendant in court;

1. Materials concerning the report on traffic accidents, reports on traffic conditions, sites, and photographs of vehicles;

1. Application of each medical certificate and Acts and subordinate statutes governing admission into the victim's scene;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Settlement of elective Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor)

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accident No. 1 [In the area of aggravated punishment (8 months to 2 years] (a person subject to special sentencing] (a person subject to special sentencing) / Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Union (aggravated Punishment) is serious (aggravated Punishment] (a decision of sentence] circumstances of the instant crime, degree of violation of the duty of care and degree of the victim's relationship, the defendant's attitude shown in the investigative agency and this court, and the victim's punishment under agreement with the defendant.