logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.09.24 2020고단1018
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 a person engaging in driving a rocketing taxi vehicle.

On June 25, 2018, around 14:25, the Defendant was driving a road in front of the Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu 330 Nowon-gu Seoul Special Metropolitan City Nowon-gu's Sports Center from the cmat Myeon, and was stopped to get off the victim E (the passenger, the 75 years old) and his female on board at the bus platform near the bus platform.

In this case, the driver has a duty of care to check the passengers' getting on and off, close the door clearly, and to prevent the passengers from falling off on the vehicle.

Nevertheless, the Defendant did not neglect this and did not confirm that the passengers were completely boarding, and instead, the Defendant started the above taxi in the state where the victim was going to the taxi where the Defendant drive the left engine on the ground, and the victim got out of the taxi.

After all, the Defendant suffered injury to the victim, such as the right slotr, which requires treatment for about eight weeks, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report of traffic accident (actual survey report) (1) (2) in relation to E;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant had no previous conviction for the last thirty (30) years; (b) the defendant was aged and the vehicle driven by the defendant was subscribed to an unlimited personal compensation mutual aid association

arrow