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(영문) 서울북부지방법원 2019.08.13 2019고단1457
교통사고처리특례법위반(치상)
Text

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

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

On March 8, 2019, at around 06:15, the Defendant proceeded along a three-lane road in front of the Seoul Special Metropolitan City, Nowon-gu, Seoul Metropolitan City, along a one-lane from the monthly information library to the D apartment.

At all times, there is an intersection where the left-hand turn signal is installed, and thus, in such a case, the driver has the duty of care to safely drive the vehicle by ensuring that there is a person who passes the crosswalk by reducing the speed and checking well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are observed.

Nevertheless, the Defendant neglected this and took part of the victim E (the 68 years old) who crosses the right side of the crosswalk in the left side of the crosswalk in the direction of the direction of the road by negligence on the left side of the vehicle signal while the vehicle signal is left left.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, while driving a taxi, caused a traffic accident that led the victim who gets on a crosswalk pursuant to the new subparagraph while making a left turn while driving the taxi, and suffered a large injury to the victim, and thus, the Defendant needs to be punished corresponding thereto.

However, the defendant has been able to repent his mistake and reflect his mistake, and not repeat the same mistake, and there is no record of criminal punishment in addition to a fine on one occasion prior to the instant case.

A consent shall be made with the victim.

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