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(영문) 서울북부지방법원 2013.06.20 2013고단656
교통사고처리특례법위반
Text

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

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 who is engaged in driving of CM5 taxis.

On February 23, 2013, the Defendant driven the above taxi on February 23, 2013, and moved three lanes from the three-lanes in the front of the Seoul Northern Labor District Office, Gangnam-gu, Seoul, Hancheon-ro, 949 Seoul, to the direction of the flow distance from the similar distance protection area to about 30km in the speed of the city.

Since there is a place in which a crosswalk is installed, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a road to reduce speed and to see well the right and the right and the right of the road, and to drive safely.

Nevertheless, when the defendant neglected to do so and proceeded with it, he did not find the victim D (at 34 years old) who dried up the crosswalk pursuant to the pedestrian signals, and did not get the victim back to the right side of the above taxi and got the victim back to the upper right side of the above taxi, he suffered approximately eight weeks of treatment to the victim due to the shock.

Summary of Evidence

1. Defendant's legal statement;

1. Written petition of D;

1. A traffic accident report (on-site investigation report) (1) (2);

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

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

1. An order to attend a lecture under Article 62-2 of the Criminal Act is seriously injured by a victim, and no agreement has been reached, taking into account all the circumstances, such as the fact that a mistake is repented in depth and a vehicle involved in a comprehensive insurance policy);

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