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(영문) 서울북부지방법원 2017.01.24 2016고단5025
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On September 13, 2016, the Defendant driven the above taxi on September 20:30, and run the 6-laned road of 16-lane, Seongbuk-gu, Seoul, Seongbuk-gu, Seoul, with one-lane from the direction high school to the direction of the sound market. The Defendant was driving the above apartment taxi on September 13, 2016.

At this point, crosswalks are installed in front of the apartment door, which is the left-hand side of the proceeding direction, so in such a case, the driver has a duty of care to check whether there is a person who gets on the way to reduce the speed and to check well the right and the right and the right and the right of the driver.

Nevertheless, it was not found that the victim C(57) was not discovered to the direction of the Gyeyang High School on the side of the road using the crosswalk due to negligence, which was negligent in doing so, and the defendant got the victim to go beyond the road by receiving the victim from the left side of the taxi driving by the defendant.

After all, the Defendant suffered injury, such as cage cages cages, which require approximately eight weeks of treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Consideration, such as the scope of recommendation and suspension of execution based on the sentencing guidelines for traffic crimes with reason of sentencing under Article 62 (1) of the Criminal Act, the scope of recommendation and suspension of execution based on the sentencing guidelines, the fact that the accused has no criminal history, the vehicle driven by the accused is insured by the taxi mutual aid association, and the injured person does not want the punishment of the accused separately

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