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(영문) 서울서부지방법원 2017.09.07 2017고단1620
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a rocketing taxi.

On February 27, 2017, the Defendant driven the above taxi on the front road of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and proceeded in one lane between the two-lanes at the 2nd section of the Dongdaemun fire station in Dongdaemun-gu, Seoul, and the two-lanes at the 3rd section of the Public Security Center.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded in violation of the signal, and the part of the victim F, who was placed in the crosswalk in accordance with the green signals of the mast crosswalk, was placed in the front part of the above taxi.

As a result, the Defendant suffered injury to the victim, such as an injury on the part of the victim and blood transfusion, which requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the result of viewing CCTV CD reproduction;

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, proviso to Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the punishment according to the sentencing guidelines] the reason for sentencing under Article 62(1) of the Criminal Act [the scope of the punishment pursuant to the sentencing guidelines] O general traffic accidents in the basic area (including April to one year) / Where illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of the Teaching, is serious (the decision of sentencing] where the defendant neglected to take the front place and caused the damage to the pedestrian at the crosswalk where the safety of pedestrians should be ensured due to the negligence of driving the vehicle in violation of the signal is disadvantageous.

(b).

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