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(영문) 대전지방법원 홍성지원 2018.04.24 2018고단99
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 the duty of driving B rocketing taxi.

On December 12, 2017, the Defendant driven the above taxi on December 19:10, 2017, and turned to the left at the distance of 20 km/h of speed from the middle development side, depending on one lane in front of the 2nd line of the Heung apartment located north of Boan-si, Boan-si.

Since a crosswalk is installed, if a person engaged in the driving of a motor vehicle is traveling along the crosswalk as well as the right and the right of the road, he/she has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian.

Nevertheless, the defendant neglected to turn to the left without neglecting it and caused the victim C (the 63 years old) who passed the crosswalk to the right side from the left side of the taxi driving direction that the defendant drives to the left side of the taxi driving direction to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as the removal of fats, which requires approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] No person who does not exist in the basic area (four months to one year) (the person subject to special sentencing) of the first type of traffic accident [the decision of sentencing] [the decision of sentencing] [the defendant's age, sex, environment, circumstances before and after the crime of this case, circumstances before and after the crime of this case, and circumstances of all the sentencing recorded in the records shall be determined as ordered.

e.beliable;

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