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(영문) 서울중앙지방법원 2017.11.01 2017고단4191
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing individual taxi vehicle.

On May 2, 2017, the Defendant driven the above taxi on May 14:48, 2017, and driven the front street of Gangnam-gu Seoul Metropolitan Government D in order to drive approximately KRW 27 km in speed, depending on the one-lane distance from the front side of the Taemo Elementary School in the direction of the Homo apartment.

Since a crosswalk is installed on the front side and is designated as a child protection zone, in such a case, there was a duty of care to check whether there was a person who gets involved in driving service to reduce speed and to see well the right and the right and the right of the child while paying attention to the safety of the child, and to drive safely.

Nevertheless, the Defendant neglected to do so and neglected to take care of the front room, and caused the back of the victim E (V 10 years of age) who was standing on the crosswalk due to the negligence that led to the Defendant’s failure to take care of it, to the front part of the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the body at the bottom of the upper body in need of approximately 10 weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. A report on internal investigation (No. 5 times a year), an investigation report (No. 12 times a year);

1. A written diagnosis of E;

1. Application of the Acts and subordinate statutes to photographs (No. 6 No. 1) by cutting down a black stuff image;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of the alternative imprisonment without prison labor (the accident in this case is that the defendant, who is a professional driver, has shocked the damaged person who has dried the crosswalk at a designated place as a child protection zone, and the degree of the defendant's breach of duty of care is very serious.

In addition, the degree of injury is very serious as the victim is the elementary school student, and the post-treatment is also big.

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