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(영문) 서울서부지방법원 2016.08.09 2016고단960
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On February 29, 2016, the Defendant driven the above taxi on February 00:23, 2016, and driven the road in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with approximately 20km speed in the direction of the long distance of North Korea from the shooting distance of the front.

At the time, there was a crosswalk at which signals, etc. are installed at night and at the front door, so it was confirmed whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, while the defendant neglected this and continued to proceed with a stop signal, the defendant did not discover the victim E who cross the crosswalk from the left side to the right side according to the pedestrian's signals, and did not get the victim's right-hand body back to the ground by taking the victim's right-hand body back to the lower side of the defendant's taxi.

As a result, the Defendant suffered from the Defendant’s occupational negligence, such as salt dynasium and tensions (L1’s frame appears to have been the main injury) that require approximately eight weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the selection of imprisonment without prison labor for

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

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

1. Scope of the recommended punishment according to the sentencing guidelines, general traffic accidents, injury and aggravated area of traffic accidents: From August to two years without prison labor - Where the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy (where it falls under at least two provisos);

2. A pedestrian crossing shall be held by the defendant who has violated a signal by the decision of punishment according to the signals of pedestrians;

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