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(영문) 서울중앙지방법원 2020.05.08 2019고단7735

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 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 K5 si.

On October 22, 2019, at around 20:40, the Defendant continued the front road of Dongjak-gu Seoul Metropolitan Government, Seoul, into the south side circulation through the south side circulation.

On the other hand, the crosswalk has been installed, so in such a case, the driver had a duty of care to safely drive the driver after checking whether or not there is a pedestrian by reducing speed and thoroughly allowing the driver to do his/her duty of care.

Nevertheless, the Defendant neglected to perform his duty in front of the taxi, resulting in the Defendant’s failure to discover the victim D(64 years of age) who walked along the crosswalk from the right-hand side of the taxi in front of the taxi, thereby resulting in the Defendant’s failure to discover the victim D(64 years of age) who walked along the crosswalk.

As a result, the Defendant suffered injury, such as cutting the body of body in the right frame, which requires approximately eight weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Reporting on the occurrence of a traffic accident;

1. Each investigation report, a black image;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;

3. Determination of sentence: Eight months of imprisonment without prison labor, and two years of suspended execution, the defendant was crossing the crosswalk;