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(영문) 수원지방법원 성남지원 2013.03.14 2013고단170
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 the duty of driving B rocketing taxi.

Around 18:00 on January 14, 2013, the Defendant driven the above vehicle and proceeded at the speed of 50 kilometers a speed of 50 kilometers a speed from the opposite side of the opposite side of the Jung-gu Seoul Metropolitan City, Sungnam apartment, the other side of the plaintiff, along with the two-lane two-lane roads in front of the Jinnam apartment.

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 there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded with the vehicle driving signal as it is, while disregarding that the vehicle driving signal is a red signal, and the victim C, who is crossing the right side from the left side in accordance with the pedestrian signals, was shocked with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered approximately 12 weeks of medical treatment from the victim due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. An accident inspector;

1. A medical certificate;

1. Application of the traffic accident reporting Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reasons for sentencing under Article 62 (1) of the Criminal Act are against the defendant and agreed to by the victim, and the punishment shall be determined by taking into account his previous offense, character and conduct, attitude after the crime, degree of damage to the victim, etc.

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