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(영문) 의정부지방법원 2016.08.31 2016고단672
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On January 20, 2016, the Defendant driving the above taxi around 20:10, and driving the three-lane road in front of C in both States, along the two-lanes from the long-distance distance from the side of the Taeduk elementary school in order to drive the above taxi.

Since there is a crosswalk in which a signal, etc. is installed, the driver of the vehicle has a duty of care to check whether there is a pedestrian who crosses the road by temporarily suspending and making a stop prior to passing the crosswalk, and to prevent the accident in advance by driving the vehicle safely in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and found the victim E (at least 40 years of age) who dried the crosswalk in accordance with the new subparagraph from the right-hand side to the right-hand side of the mash course, and received the victim as the front part of the defendant's taxi.

Ultimately, the Defendant suffered injury to the victim, such as a pelvise, which requires approximately 14 weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written diagnosis of E;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to photograph the images;

1. The reason for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the pertinent criminal facts and Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Type of Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor) lies in a traffic accident in which the defendant, while driving a taxi, gets injured by the victim who is shocking the crosswalk pursuant to the pedestrian's signals in the crosswalk and needs to be treated for 14 weeks. In particular, the person who the crosswalks the crosswalks according to the new crosswalks should be protected above all, and the victim is not responsible for causing the traffic accident of this case, and even if the defendant was admitted to the taxi mutual aid association, the damage is recovered.

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