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(영문) 서울중앙지방법원 2019.09.06 2019고단1392
교통사고처리특례법위반(치상)
Text

The sentence of imprisonment without prison labor for defendants shall be determined by one year.

Reasons

Punishment of the crime

On January 12, 2019, at around 01:00, the Defendant, while driving a B rocketing taxi and driving a two-lane road in front of the crosswalk in Gwanak-gu in Seoul Special Metropolitan City, along the two-lanes of the Gu telephone station distance from the front line of the road at the front line of the Defendant, conflict with the victim D (ma, 55) who crosses the road to the right side from the front line of the Defendant to the right side of the road at night.

The Defendant caused a serious injury to the victim due to low oxygen brain damage, etc. due to such negligence in driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Each medical certificate and investigation report (verification as to whether a victim is seriously injured);

1. The defendant and his/her defense counsel claimed that he/she was an unpredictable accident due to the unauthorized crossing of the victim at night. However, according to the result of the video viewing of the black box, the defendant was driving in the two-lanes, and the victim discovered the defendant's motor vehicle along the left side side of the defendant's driving direction and sent the signal of stop to the defendant's vehicle by breaking the motor vehicle on the two-lanes where the defendant was driving, and the victim was driving in the two-lanes. The traffic accident in this case can be sufficiently recognized that the traffic accident in this case occurred due to the defendant's violation of his/her duty at front time.).

1. Reasons for sentencing under Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [Application of sentencing criteria] Types of crime: Traffic crimes: General traffic accidents in 01;

1. Sentencing factors for causing a traffic accident - Determination of sentencing factors for special aggravations: In the event of a serious injury, the sentence section: August - 2 (Aggravated Jurisdiction): The Defendant, as a driver, has made efforts to recover the damage without any reflective behavior against the victim due to his/her breach of duty of care.

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