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(영문) 서울중앙지방법원 2020.02.20 2019고단5178
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 engaged in B-si driving service.

On May 24, 2019, at around 19:15, the Defendant moved back the intersection in front of the dourine 343, Young-gu, Seoul, Young-gu, Seoul, to the C building room on the side of the river basin.

At the same time, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to see the front, rear, and left and right of the motor vehicle, and there was a duty of care to make a U.S. intern at the permissible point for a U.S. internship.

Nevertheless, in the course of making a left-hand turn to the right-hand turn while pedestrians walk the crosswalk in accordance with pedestrian signals while they walk the crosswalk, the defendant neglected this and took the left-hand side of the victim D (the age of 34) crossing the above crosswalk from the left-hand side of the defendant's running direction to the right-hand side of the victim D (the age of 34) who walked the above crosswalk into the front-hand part of the defendant's taxi left-hand side of the defendant's taxi, and put the victim's left-hand side into the front-hand side of the above taxi.

As a result, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to the above occupational negligence, such as the left-hand slele in the upper-hand slele of the family.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A traffic accident report (1), (2);

1. Submissions of traffic accident analysis reports;

1. A report on internal investigation (the telephone conversation of a shote E);

1. Bus booms, images of parking and stopping CCTVs;

1. Investigation report (STV image verification);

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be limited to traffic crimes;

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