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(영문) 서울서부지방법원 2018.04.12 2017고단3993
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 the duty of driving a rocketing taxi.

On November 25, 2017, the Defendant driven the above taxi on November 25, 2017, and driven the front road of Eunpyeong-gu Seoul Metropolitan Government D in front of the road at the 119 Safety Centerside in the 119 Safety Center in the reverse village to the high-speed gate of the new private road.

At the time, a crosswalk is installed at night and at the front of the intersection, and in such a case, a driver has a duty of care to check whether there is a person who gets on a crosswalk by reducing speed and checking well the right and the right and the right of the vehicle according to the new subparagraph, and to safely drive the crosswalk.

Nevertheless, the victim E (72) who walked the above crosswalk from the left side to the right side of the road while neglecting this and driving the vehicle signal even though it was a yellow on-and-off signal, was found late to find out the victim E (72) who walked on the right side of the above crosswalk, and the victim received the victim from the front of the above taxi of the defendant person, and caused the victim to go beyond the road floor.

Ultimately, the Defendant suffered injury to the victim, such as a flusium flusium, flusium flusium flusium flusium flusium, flusium flusium flusium

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the traffic accident investigation report, diagnostic certificate (E), black stay CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The first offender; the circumstances that this court agreed with the victim smoothly: the degree of injury suffered by the victim is serious; the accident occurred due to gross negligence violating the duty to protect pedestrians; the age, sex, family relationship, and the circumstances before and after the crime.

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