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(영문) 서울서부지방법원 2019.02.21 2018고단3871
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Reasons

Punishment of the crime

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

On March 30, 2018, the Defendant driven the above vehicle on March 30, 2018, while driving the vehicle at a speed of 09:35, one way ahead of the D Bank located in Yongsan-gu Seoul Metropolitan Government, in front of the D Bank in Yongsan-gu, Seoul, was driving at an insular speed, depending on one lane from the direction of the Fili

Since the location is an intersection where signal lights are installed, there was a duty of care to safely drive the driver in accordance with the signals by reducing speed and properly examining the traffic conditions of the front bank.

Nevertheless, the Defendant neglected this and continued to proceed through the stop line after passing through the stop line even though the moving signal of the vehicle is red, without stopping it within the intersection, and continued to proceed in the process of accelerating the moving signal to a green light, and the left-hand bridge part of the victim E (the 75-year old) who walked on the road from the right side of the road in the same direction as green light to the left-hand side of the road. The Defendant got the victim to go beyond the floor.

Ultimately, the Defendant suffered injury to the victim, such as pressure pressure pressure for 12 weeks, which requires medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident analysis report;

1. A traffic accident report (1), 2 (2);

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

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

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

1. The sentencing of Article 62-2 of the Social Service Order Act shall be based on the overall circumstances, including the fact that a sea vehicle is affiliated with the National Federation of Passenger Transport Business Associations, and the victim is also at fault with regard to the occurrence of the instant traffic accident, and the sentence shall be determined as ordered.

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