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(영문) 서울북부지방법원 2019.01.24 2018고단4938
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 driving of K5 si.

On October 20, 2018, the defendant driving the above taxi on October 17:35, 2018, and driving the front road of Seongbuk-gu Seoul Metropolitan Government at a US speed along the one-lane distance from the Yandong Community Service Center, while driving the front road of Seongbuk-gu Seoul at a US speed.

In such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle in a safe manner by reducing the speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded to the left by the negligence of driving the crosswalk which the defendant is driving on the front side of the taxi, and took the right side part of the victim D (the age of 86) who crosses the crosswalk in the right side from the left side of the defendant's driving direction to the right side, and let the above victim go to the ground.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, i.e., an injury to blood transfusion, etc., which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso of Article 3 (2) and (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 [Special Mitigations] [including one month to August] mitigation area (including serious efforts to recover from damage caused by traffic accidents], and the crosswalk [decision of sentence] is a space where pedestrian safety should be absolutely guaranteed, and the defendant does not have any impediment to securing passage.

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