(영문) 수원지방법원 성남지원 2017.10.19 2017고단1948

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(영문) 수원지방법원 성남지원 2017.10.19 2017고단1948

교통사고처리특례법위반(치상)

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

However, the execution of the above punishment shall be suspended for a period of 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 the duty of driving B taxi.

On May 21, 2017, the Defendant driven the above taxi around 20:10, and proceeded at a speed of about 30 km from the direction of the extension of the road on the front side of D pharmacy C in the Hanam-si, Seoul, at a speed of about 30 km from the direction of the extension of the road.

At the time, a crosswalk is installed at night and at the front, so there was a duty of care to check whether a person engaged in driving service is a person to reduce the speed and to see well the right and the right of the front, and to drive safely.

Nevertheless, the defendant neglected this and did not discover the victim E (at 31 years of age) who has cross the crosswalk from the left-hand side by negligence that caused the failure of the defendant to neglect it, and did not discover the victim E (at 31 years of age) and shocked the victim's right-hand bridge part in front of the taxi.

As a result, the defendant suffered from occupational negligence on the part of the body part requiring approximately 11 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

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) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The gravity of the victim's injury, and the defendant's circumstances favorable to the point that he/she caused an accident in violation of traffic Acts and subordinate statutes (the 15th page of the evidence record): The fact that a piracy vehicle is expected to be capable of compensating damage because it is admitted to the

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