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(영문) 서울동부지방법원 2019.06.13 2019고단924

교통사고처리특례법위반(치상)

Text

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

except that 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 driving of Bchip taxi.

피고인은 2019. 3. 7. 11:28경 위 택시를 운전하여 서울 송파구 C 앞 편도 1차로의 도로를 개롱근린공원 방면에서 두댐이공원 방향으로 진행하던 중, ‘ㅜ’자형 삼거리에서 문정중교차로 방면으로 우회전을 하여 진행하게 되었다.

In this case, there are crosswalks with signal apparatus installed at a front door, so in which case, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected to do so and found the victim D (the age of 66) who cross the crosswalk from the right side to the left side of the crosswalk pursuant to the pedestrian signals and operated it immediately, but did not avoid it, but did not go beyond the ground by the Defendant’s left side bucks.

As a result, the Defendant suffered injury, such as cutting the frameworks of the pelvis, accompanied by a pelvis that requires approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A medical certificate;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes of accident video;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Not more than five years of imprisonment without prison labor, the range of punishment of which is imposed;

2. Reduction elements (the person causing a traffic accident) of the first category (the person causing a special appearance) of traffic accident according to the sentencing guidelines: Reduction areas of punishment not exceeding the amount of punishment (the scope of recommendation) mitigated: Not more than eight months;

3. Determination of sentence [Incompetence].