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(영문) 서울북부지방법원 2017.03.23 2016고단5139
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 October 17:00 on October 2016, the Defendant driven the above taxi at around 17:0, and proceeded to turn to the left at about 42 km each hour from the second apartment of the Yungdong-dong Gyeongdong-dong, Seoul Special Metropolitan City, the two-lane roads in front of the Seoul Special Metropolitan City Nowon-gu.

Since there are crosswalks where signal lights are installed on the front door, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim D (V, 71 years old) who cross the crosswalk from the left side to the right side in accordance with the closed pedestrian signals when it was due to the negligence of left-hand turn, even though the signal of the intersection is not a left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on, and did not avoid it, and did not go beyond the floor by taking the front part of the victim's right-hand body.

As a result, the Defendant suffered injury to the victim, such as the upper part of the left-hand body in need of approximately eight weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning de facto investigation, a traffic accident situation report (D), a medical certificate, and a black scambling, video panping, etc.;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant violated the signal at the intersection and inflicted an serious injury on the victim crossing the crosswalk in accordance with the pedestrian signals. In light of the circumstances surrounding the instant accident, the instant accident is deemed to have occurred by the defendant's gross negligence.

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