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(영문) 서울남부지방법원 2017.08.17 2017고단2032
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a DNA taxi.

On December 17, 2016, the Defendant driven the above taxi on December 17, 2016, and driven the three-lane road in front of Yeongdeungpo-gu Seoul Metropolitan Government E, Seoul, at a speed of about 40km at a speed of about 40km in speed, depending on the two-lanes from the shooting distance of the friendly apartment.

At the time, there was a victim who was at night and was not able to wear the front door on the front door crosswalk, so in such a case, a person engaged in driving a motor vehicle has a duty of care to take care of preventing accidents by accurately manipulating the front door, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and found the victim F (61) of the victim F (61) who was standing on the left side of the crosswalk due to the negligence of driving the crosswalk in violation of the duty to protect pedestrians in the crosswalk, and caused it to go immediately, but failed to avoid it, and received the part of the victim's bridge with the front part of the fransh taxi.

Ultimately, the Defendant caused the victim’s occupational negligence to cut off the left-hand side due to the injury, such as the open nature of the light executives who need to receive approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and written statement related to G;

1. A H statement;

1. A traffic accident investigation report, a traffic accident-related photograph, CCTV video CD, each medical certificate, and a medical opinion;

1. Application of Acts and subordinate statutes to a investigation report (the act of violating the duty of protecting pedestrians in the open-air currency of a wooden stiff and the suspect crosswalk);

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. As to the assertion of the defendant and defense counsel under Article 62(1) of the Criminal Act, the defendant and defense counsel did not violate the duty to protect pedestrians at crosswalks

c) argument.

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