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(영문) 서울남부지방법원 2020.12.01 2020고단1680
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 March 11, 2020, the Defendant driven the above taxi on March 11, 2020, and made the first-lane road of Guro-gu Seoul Metropolitan Government to turn to the left at the seat of D school from the right side.

Since there is an intersection where a crosswalk without signal, etc. is installed, there was a duty of care to confirm whether pedestrians walk the crosswalk and safely drive the crosswalk by reducing speed for the driver of the motor vehicle and properly examining the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected to turn to the left without neglecting it and did not look at the victim E (I, 64 years of age) from the right side of the vehicle driving direction to the left, and received the victim as the fronter of the above taxi from the defendant, and let the victim go to the ground.

As a result, the Defendant suffered injury, such as a pleasure (T9, T10) in need of approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1) (2) actual condition survey report, and accident site photograph;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, such as negligence of the defendant, degree of damage to the victim, circumstances of the crime, and circumstances after the crime (the victim does not want the punishment of the defendant), etc.;

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