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(영문) 서울남부지방법원 2018.08.23 2018고단2139

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

On October 18, 2017, the Defendant operated a taxi owned by the head of the KOststy Systama Co., Ltd. Around 04:43 on October 18, 2017, and the National Assembly located in 780 as the Seoul Yeongdeungpo-gu National Assembly, Yeongdeungpo-gu National Assembly also proceeded at a speed of about 60 kilometers per hour between the 5-lane between the 5-lane and the 60-lane between the 5-lanes.

At the time, signal lights and crosswalks are installed at night and at the front door, so the driver had a duty of care to properly see the front door and the left door and the left door, and to prevent the accident by accurately manipulating the steering system and the steering gear of the vehicle.

Nevertheless, the Defendant neglected this and got the victim C (23 ) who was a pedestrian green signal (vehicle straight signal) from the left side of the course to the right side of the pedestrian green line by negligence, which led the Defendant to go beyond the front part of the cab of the Defendant, immediately after changing the victim C (23 ) to a pedestrian color signal (vehicle straight signal).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which caused the injury of the victim of his or her face-to-face pathic c

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents (1), (2) and reports on the occurrence of traffic accidents;

1. Blucs cambling CD images;

1. Application of Acts and subordinate statutes to medical statements and medical certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing of selective imprisonment without prison labor for sentencing;

1. The scope of the recommended punishment shall be the basic area (from April to one year) of the class 1 (the injury caused by traffic accidents) of the general traffic accident: None of the persons subject to special sentencing;

2. The sentence of sentence is the circumstances favorable to the accused that the person has joined the mutual aid association, and that the signal has been changed immediately before shock, and that the signal has not been violated.

However, the extent of damage, the damage did not receive a manual from the injured, the defendant, even though he was a vehicle-stop signal, is proceeding without being bound by the speed immediately before the crosswalk stop line, and the defendant is only the fact that economic situation is difficult, and it is against the victim.