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(영문) 광주지방법원 2016.05.19 2016고단310
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a small-type taxi in C.

On October 13:50 of 2015, the Defendant driven the above taxi and made a non-protective turn turn to the left according to one-lane from the direction of the Scientific Technology Institute to the middle school of the month from the direction of the Scientific Technology Institute. The Defendant, at around 13:50 on October 6, 2015, driven the above taxi, which is in the advanced direction of the Gwangju Mine District.

In this case, the driver had a duty of care to check whether there is a person standing on the front side of the crosswalk and to safely drive the crosswalk in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left without being able to protect the victim's right side of the victim D (the 74 years old) who walked on the right side of the defendant's moving to the crosswalk pursuant to the pedestrian signals, and received the right side of the victim D (the 74 years old) from the left side of the defendant's taxi.

Ultimately, the Defendant suffered injury to the victim, such as a 10-day therapy, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the traffic accident report, diagnosis certificate, evidence on the scene of the traffic accident and Acts and subordinate statutes;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Crime, the grounds for sentencing under Article 268 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing criteria: The basic area of the imprisonment without prison labor shall consist of the types of general traffic accidents from April to October;

2. Determination of sentence: A defendant who has violated the duty to protect pedestrians at a crosswalk in April of his/her credit cooperative shall be negligent;

The degree of injury of the victim is very serious.

In the victim's side, the victim wanted to punish the defendant.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, the defendant's driving vehicle is subscribed to the taxi mutual aid.

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