beta
(영문) 서울북부지방법원 2019.10.17 2018고단5373

교통사고처리특례법위반(치상)

Text

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

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 who is engaged in the duty of driving B rocketing taxi.

On July 30, 2018, the Defendant driven the above taxi on July 15:30, 2018, and led the front road of Dobong-gu Seoul to turn to the left at the seat of the Changwon school distance from the window of the public parking lot for Chang-dong.

Since a crosswalk is installed at a front door, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce the speed and to see well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and found the victim D (the age of 58) who moved the bicycle from the right side of the crosswalk to the left side due to the negligence of driving the bicycle as it is, and subsequently found the victim D (the age of 58) late. However, the Defendant did not avoid it, but did not go beyond the ground by the victim's upper half of the taxi.

As a result, the Defendant suffered from the 12-day plehion of the Defendant, which requires approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Written statements of D;

1. Report on the actual survey report and the occurrence of any traffic accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category I (the injury caused by traffic accident) (one month to eight months) (including a special person] the area of mitigation (including a serious effort to recover damage);

2. The accused who is sentenced to sentence shall cause a traffic accident by negligence while driving a motor vehicle in violation of the duty to protect pedestrians at crosswalks;