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(영문) 서울남부지방법원 2018.08.14 2018고단3013

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence 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 engaging in driving a rocketing taxi.

On February 6, 2018, the Defendant driven the above vehicle around 09:30 on February 6, 2018, and driven the front road of the front of the elementary school at the 187 Sinsan-ro, Yeongdeungpo-gu, Seoul Metropolitan City, at a speed that would not be known by the two-lanes of the three-lane distance from the direction of the Sinsan-gu, Yeongdeungpo-gu.

The location is where signal lights are installed, and there are many vehicles at the time, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes according to the new code.

Nevertheless, while the Defendant neglected to do so and is proceeding in violation of the signal signal signal of the red signal of the vehicle, the Defendant received the part of the left side side of the bicycle, on which the victim C (63C) was crossinging the crosswalk of the pedestrian green signals, from the right side of the vehicle of the Defendant, to the right side of the bicycle.

As a result, the Defendant suffered injury to the victim due to the occupational negligence above, in detail, due to uncertainty in the situation where approximately 12 weeks of treatment is needed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area (one month to eight months) of the mitigated area (i.e., the person subject to special mitigation] (including efforts to recover damage) of the mitigated area (i.e., the person subject to special mitigation), [the decision of the sentence] having caused an accident in contravention of the signal around the crosswalk, and the defendant's negligence is heavy, and the degree of injury suffered by the victim is significant.

The defendant shall make a total of eight times between the last ten years.