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(영문) 서울남부지방법원 2019.03.12 2019고단110
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

On October 6, 2018, the Defendant, who is engaged in the operation of B rocketing-si, was driving the said taxi on October 6, 2018, and was driving the said taxi at the vicinity of 567-dong, Gangseo-gu, Seoul, by moving the intersection from the airport market to the seat of Kimpo Airport.

Since there is a place where a crosswalk is installed, in such cases, there was a duty of care to prevent a collision with pedestrians by checking whether there is a person who gets involved in the driver's duty by reducing the speed and by checking well the front left left.

Nevertheless, the Defendant, while neglecting the above duty of care as seen above, went against the victim C (the 64 years of age) who dried a crosswalk by negligence, and dried up the crosswalk.

As a result, the defendant suffered from the injury of the victim by his occupational negligence, such as pressure duplicating 2 times which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of traffic accidents prepared C;

1. A yellow survey report, a black fluor video fluor and a CD;

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Probation Criminal Act, including the contents and result of the accident, the background of the accident, the circumstances after the accident, the degree of illegality of the defendant's negligence, the degree of injury (in full 12 weeks), the same criminal records and three times (one year of suspension of execution of sentence, one year and three times of fine), the risk of recidivism, agreement with the victim, joining a mutual aid association, and reflectivity, etc., shall be equally considered, and the sentencing criteria of the Sentencing Committee (4 to one year of imprisonment without prison labor) shall be set within the basic area (where punishment is not imposed or heavy factor: the cause of serious injury) of the traffic crime in general.

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