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(영문) 춘천지방법원 영월지원 2019.09.24 2019고단289
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a taxi vehicle B K7 taxi.

On June 20, 2019, around 10:53 on June 20, 2019, the Defendant stopped in the vicinity of the “D” in Pyeongtaek-gun, Gangwon-do, at the vicinity of the crosswalk D, at the seat of D and stopped at the 119 Safety Center. As such, the Defendant was under the influence of the Jinak-gun, which was the U.S., the U.S. head of

At the same time, there was a crosswalk in which pedestrian signal, etc. is installed, and in D, there was a victim E (the age of 80) who dried the crosswalk for green pedestrians with the face of the Jinbu bus terminal.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal when checking whether there are the motor vehicles and pedestrians passing through the intersection by checking the traffic situation well, and when the pedestrians pass the crosswalk, they have a duty of care to prevent accidents by driving the motor vehicle so as not to obstruct the crossing of the pedestrians or to shock pedestrians.

Nevertheless, the Defendant neglected to perform the above duty of care and dried up the victim's bridge area, etc. on the crosswalks for green pedestrian safety, etc., with the front part of the k7-car in operation, followed up the victim's bridge.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the 14-day period of medical treatment, i.e., the left-hand visit, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to each traffic accident report, on-site photographs and diagnostic certificates;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The types of recommendations according to the sentencing criteria.

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