교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the duty of driving B rocketing taxi.
On September 14, 2019, around 21:16, the Defendant continued to walk the road located in 117, Seodaemun-gu Seoul, Seodaemun-gu, Seoul, in the direction of the Simo-distance from North Korea to the direction of the Simo-distance.
At the time, at night, there was a place where the center line of yellow solid lines was installed, so in such a case, the driver of the vehicle has the duty of care to safely drive the vehicle along the lane.
Nevertheless, the Defendant neglected this and went beyond the central line, and caused the Defendant to go beyond the victim by taking the bridge of the victim C (Woo, 64 years old) who was crossing the said road in the taxi near the taxi in which the Defendant was driving.
Ultimately, the Defendant suffered injury, such as a call lease, which requires approximately 10 weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to traffic accident reports (1) (2), diagnosis certificates, field photographs, and report internal affairs (verification of black stuff images);
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 for Criminal Facts, Article 268 of the Criminal Act;
1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.
The degree of injury is very important: The negligence of the victim who illegally crossed, the damage recovery is being made through the mutual aid, the primary crime, and the violation is being reflected.