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(영문) 서울북부지방법원 2015.10.13 2015고단2119
교통사고처리특례법위반
Text

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

except that 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

The Defendant is a person who is engaged in the duty of driving a rocketing taxi, which is owned by the owner of daily traffic.

On March 1, 2015, the Defendant driven the above taxi on March 1, 2015, while driving the crosswalk D in front of the Seoul Western-gu, Seoul, along the two-lanes in the direction of the parallel Tririri-distance in the direction of the parallelri-distance.

Since the place has a crosswalk without a pedestrian signal apparatus, there was a duty of care to temporarily stop in front of the crosswalk in order to prevent a person engaged in driving service from hindering or endangering the passage of pedestrians.

Nevertheless, the defendant neglected this and did not stop in front of the crosswalk, and continued to go beyond the right side of the victim E (the age of 27) who crosses the crosswalk from the right side of the defendant's running direction to the right side of the crosswalk.

The Defendant suffered injury, such as 'the bones of bones', which requires medical treatment for about 10 weeks from occupational negligence, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1) (2) (actual survey report);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Reasons for sentencing [the range of recommending sentence] under Article 62(1) of the Criminal Code of the Suspension of Execution [the range of recommending sentence] under Article 62(1) of the Criminal Code, the area of mitigation [the area of mitigation [the person who has been specially mitigated] (including efforts to recover damage] under Article 1 of the Criminal Code [the decision of sentencing] [the decision of sentence] under this case is a matter of causing serious injury to pedestrians on the crosswalk, and the defendant's mistake is recognized and against him.

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