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(영문) 서울북부지방법원 2017.06.08 2017고단1529

교통사고처리특례법위반(치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Csi.

On December 31, 2016, the Defendant driven the above vehicle around 06:32 on December 31, 2016, and driven the three-lane road in front of Dobong-gu Seoul Metropolitan Government along the three-lane distance from the private distance in new East Asia to the private distance in the school.

At the same time, the victim E (WW, 83 years old) cross the crosswalk of the red signal at the right side from the left side of the defendant's driving direction without permission, and the defendant's moving along the lane. Thus, the driver of the motor vehicle has a duty of care to prevent the accident in advance by properly operating the steering gear and operating the steering gear in good manner.

Nevertheless, the Defendant neglected to do so and got the victim as the front part of the said taxi due to negligence.

Ultimately, the Defendant suffered a serious injury to the extent that it is impossible for the Defendant to lead a daily life due to the depression of the victim, etc. due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of the current state of a victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Standard for sentencing the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Type] The basic area of sentencing [the scope of recommending a traffic accident] basic traffic accident [the scope of recommending a traffic accident] [the imprisonment without prison labor for April to one year] - In a case where the victim was at considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim of the decision of the sentence was at a higher level of injury in the event of a serious injury: the victim of the decision of the sentence was at a higher level; the defendant was at a relatively old level of injury in the event of a serious injury; the defendant did not have any history of criminal punishment other than the punishment sentenced to a fine of 50,000 won due to the crime