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(영문) 서울북부지방법원 2017.09.14 2017고단2963
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in driving a rocketing taxi.

On May 15, 2017, at around 14:55, the Defendant driven the said taxi at an influence rate by driving the said taxi at an influencing speed, driving the 1 lane in front of the rear door of the Dobong middle school located in 23 Dobong-ro, Dobong-gu, Seoul, on the Dobong-ro, 154-ro.

Since there is a place in which a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as checking whether there is a person who gets a way to drive the motor vehicle by reducing speed and checking the side well.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to the negligence of the Defendant’s body of the victim C (Woo, 68 years old) who was proceeding on the right side from the left side of the said taxi.

Defendant 1 suffered injury to the victim due to the above occupational negligence, such as the mouths requiring approximately six weeks of medical treatment, and the mouths at the bottom of all necessary aggregates.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing vehicle booms and video CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Taking into account such circumstances as the negligence of the defendant who neglected to perform the duty of care of pedestrians in the crosswalks for sentencing under Article 62(1) of the Criminal Act, the degree of injury of the victim is not weak, there is no criminal punishment exceeding the fine, the fact that the defendant is subscribed to the taxi mutual aid association and is scheduled to pay compensation to the victim, and the fact that the defendant is against the duty of care of pedestrians.

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