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(영문) 서울북부지방법원 2018.04.19 2018고단734
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 the duty of driving a rocketing taxi.

On January 20, 2018, the Defendant driven the above taxi on January 20, 2018, and moved the front road D in front of the Seoul Jung-gu to the telephone station of the Jung-gu, Seoul.

Since there is a road on which a crosswalk is installed, in such a case, there was a duty of care to prevent accidents, such as taking into account whether a person in charge of driving a motor vehicle is walking the crosswalk and accurately manipulating the steering gear and others.

Nevertheless, when the defendant neglected it and neglected it, the defendant did not discover the victim E (the 54 years old) who walked on the right side from the left side of the direction of the proceeding with the right side, and did not get the victim's body back to the floor with the front part of the above taxi.

Ultimately, the Defendant suffered injury to the victim under the pressure pressure Section 1, which requires approximately 12 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case where there occurs a serious injury in the basic area (including four months to one year), the basic area (including a person who has been specially mitigated) / In the case of a special mitigation (including a serious effort to recover from damage) / (1) the crosswalk is a space in which pedestrians should be absolutely protected. The crosswalk is a space in which pedestrians should be absolutely protected. The defendant, who is a taxi engineer, should be carefuled in the crosswalk in any case. The defendant, who is a taxi driver, has continuously proceeded with the accident in this case and caused the accident in this case.

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