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(영문) 서울북부지방법원 2013.12.19 2013고단2549

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On September 20, 2013, the Defendant driven the above taxi on September 19:00, and led to a three-lane road in front of the foreign exchange bank in Dongdaemun-gu Seoul, Dongdaemun-gu, 317, at a speed of about 10km from the Cheong-ri to the red hill.

At the time, there was a pedestrian crossing installed respectively by the vehicle signal apparatus and the pedestrian signal apparatus, so there was a duty of care to protect pedestrians crossinging the crosswalk according to the pedestrian signals, such as safely driving as the signal apparatus is checkedly checked to the driver of the motor vehicle, and to prevent accidents in advance.

Nevertheless, when the defendant violated the vehicle signal and does not fulfill the duty to protect pedestrians, changed the vehicle line from the two lanes to the three lanes, without being changed from the two lanes to the three lanes, the defendant did not find the victim C(61) who crosses the crosswalk to the right side in accordance with the new subparagraph from the left side of the eavesd, but did not find the victim C(61) who crosses the crosswalk to the right side of the victim.

Ultimately, the Defendant suffered injury to the above victim in the above occupational negligence during approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Evidence Nos. 9);

1. A report on traffic accidents and a report on actual condition;

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

1. Article 3(1), the proviso to Article 3(2)1, and Article 3(1)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act regarding criminal facts, the punishment shall be imposed in consideration of all the circumstances, including the fact that the defendant has a record of causing traffic accidents in 2009 and 2011;