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(영문) 서울북부지방법원 2018.07.19 2018고단1662
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 operation of a rocketing taxi vehicle.

On February 6, 2018, the Defendant driven the above vehicle at around 14:15, and got left from the private distance of the National Bank located in the 99-1st month while driving the vehicle at the direction of the Seongbuk-gu Seoul National University with the front side of the Dong-do first line in the direction of the university.

Since a crosswalk has been installed, in such a case, the person engaged in driving service has a duty of care to check whether there is a person who gets on the way to reduce speed and check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the defendant neglected to turn to the left without neglecting it and caused the victim D, who is a pedestrian, to walk the way to the left at the crosswalk from the right side of the way to the left side, to the front part of the defendant's driving vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the denial of the side side of the left-hand slots, and the complete macking of the inside side of the slots, which require approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of accident video CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 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 the selection of imprisonment without prison labor;

1. As for the sentencing of Article 62(1) of the Criminal Act, consideration shall be given, prior to the reason for the sentencing of Article 62(1) of the Act on the Suspension of Execution, including: (a) the fact that there is no penalty exceeding a fine; (b) the fact that there is an agreement with the victim; (c) the scope of the recommended punishment that is set by the sentencing guidelines for traffic crimes (i.e., special mitigation factors of punishment, (i., January to August in the mitigation area); and (d) the standards

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