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A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving a rocketing taxi.
On March 13, 2015, the Defendant driven the above taxi on March 18:30, 2015, while proceeding three lanes of the third line road in front of the Seoul Central-gu EF in the direction of “net-line” from the room of the “ upper-class terminal,” and led to a right-hand turn back to the “net-line.”
On the front of the moving direction, as crosswalks are installed and the emergence of pedestrians is anticipated, in such cases, a person engaged in driving service has a duty of care to prevent accidents by temporarily stopping the crosswalks, checking whether there is a pedestrian or not, and proceeding after checking whether there is a pedestrian by properly inspecting the front direction and the pedestrian signal.
Nevertheless, the Defendant neglected this and received the right side part of the bicycle driven by the victim G(14 years old) who passed the crosswalk on the right side from the left side of the running direction of the taxi in which the Defendant was negligent in driving the crosswalk green signal as it is.
Ultimately, the Defendant, by occupational negligence, sustained injury to the fluoral salt, etc. requiring approximately three weeks of medical treatment, and at the same time, escaped without immediately stopping the said bicycle so that approximately KRW 175,000 of the repair cost can be damaged and that it does not take necessary measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Protocol of the police statement concerning G;
1. A report on traffic accidents and a report on actual condition;
1. Photographs of an accident vehicle;
1. Photographs;
1. A medical certificate;
1. Application of the written estimate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);
1.Article 40 of the Criminal Code of Trade and Trade.