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(영문) 춘천지방법원 2019.01.30 2018고단1120
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in K5 taxi driving services.

On September 8, 2018, the Defendant, while driving the above taxi on September 18:45, 2018, was proceeding in front of the Dental in Chuncheon, with a view to getting off the taxi passengers, was stopped on the crosswalk on which the pedestrian signal, etc. operates to stop and stop again.

In such a case, the driver of a motor vehicle has a duty of care to confirm whether there is a person who gets to walk the course safety and the crosswalk, and even if he has a duty of care to do so, the driver of the motor vehicle has to do so, due to the negligence of neglecting it, and the defendant has taken the body part of the victim E (ma, 6 years old) who dried the road along the crosswalk from the right side of the defendant's moving along the crosswalk to the left side of the taxi in accordance with the pedestrian signals installed in the above crosswalk.

As a result, the defendant suffered injury such as brain color that requires treatment for about six months.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The application of relevant Acts and subordinate statutes, such as a survey report on actual condition, a CD-recording image of a Maritime Vehicle, a field photograph of a traffic accident, a statement of opinion (E), and a medical certificate (E);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, when the defendant stops on the crosswalk on which a signal, etc. is placed, but the pedestrian signal, etc. is operated, and the victim's negligence is not less than that of the victim due to shock. The victim's treatment period is the current treatment period for six months after the cerebral he/she gets off.

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