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(영문) 대전지방법원 천안지원 2017.06.22 2017고단397
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing taxi vehicle.

On December 22, 2016, around 00:05, the Defendant proceeded with 94 lanes in south-gu, Southern-gu, Seoul District, and one lane in front of the Dok-do, the Dok-si, the Dokdong-gu, the Dokdong-gu, the Dokdong-gu, the Dokdong-do, the Dok-do.

At the time, the front door of the road was cut off at night, and the front door was installed in the front door of the road at night, so in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance and safely drive the road by checking whether there is a pedestrian who gets stopped in front of the pedestrian crossing.

Nevertheless, the Defendant neglected this and went beyond the ground floor by shocking the part of the victim D (Woo, 45 years old) who crossed the crosswalk installed in the direction of the mast by negligence.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence during the course of the business so that he suffered injury among the disorder of the left-hand side or the top-hand side-hand side movement movement, due to the depression of the external wound with approximately 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. An accident scene photograph;

1. A written answer;

1. Application of investigation report (F CCTV images)-related Acts and subordinate statutes;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury by Traffic Accidents) (Article 62(1) (Article 62(1) of the Criminal Act), where there occurs a serious injury (Article 62(1) (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1))

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