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(영문) 서울중앙지방법원 2018.04.19 2018고단1183
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in the duty of driving the K5 car volume.

On November 8, 2017, the Defendant driven the above volume of the vehicle around 05:56, and proceeded with the intersection of the 3rd ambro-ro, Gwanak-gu, Seoul Special Metropolitan City, with a view to moving the intersection of the 3rd ambro-ro, to the Si-high speed unspeed speed from the new protection area of the earth.

At the same time, there was a signal signal on the crosswalk in which a pedestrian signal was installed, and the pedestrian signal on the crosswalk was a green signal. Therefore, the driver had a duty of care to start the day after the pedestrian signal was fixed on the front of the crosswalk but the pedestrian signal was changed to a red signal.

Nevertheless, the Defendant neglected this and failed to discover the victim C(57 ) who was a victim of the crosswalk which was dried on the right side from the left side of the direction of the proceeding, and caused the victim to go beyond the floor by shocking the victim with the above vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the need to give approximately eight weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on internal investigation (Perusal of a suspected taxi stuffed video);

1. Investigation report (to hear statements by victim C telephone);

1. One set of black boxes and video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Courses [the type of determination] traffic accidents in general traffic accidents [the person subject to special sentencing] - the punishment of mitigation elements (including serious efforts to recover damage) - the illegality of Article 3(2) proviso (excluding subparagraph 8) of the Act on the Specific Cases concerning Aggravations of Aggravations is serious.

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