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(영문) 서울중앙지방법원 2013.08.23 2013고단4124
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2013, at around 15:10, the Defendant, while driving a B-ro taxi and driving the 3-lane road of 1736-5, Seoul, Gwanak-gu, Seoul Special Metropolitan City, along the same one-lane of the said road on the front side of the mountain corridor. Since there is a crosswalk where signal, etc. is installed on the front side of the road, the Defendant confirmed whether there is a person driving the vehicle, and on the front side of the road, confirmed whether there is a pedestrian crossing where signal, etc. is installed, and even if there was an occupational duty to prevent the accident by driving safely and safely in accordance with the new subparagraph, the Defendant neglected the duty of care and caused the victim C (6 years old) who opened the pedestrian crossing from the left side of the taxi in violation of the signal to the right side of the victim C (6 years old) who opened the pedestrian crossing in accordance with the pedestrian heading.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the traffic accident situation or statement prepared by D;

1. Entry of the actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., conditions favorable to the reasons for sentencing), there is no agreement with the victim even though the degree of injury to the victim is not somewhat weak, under the circumstances unfavorable to the defendant, the defendant has the record of having been punished several times of the same kind of crime, the vehicle being driven by the defendant is insured by the mutual aid association, and the fact that the defendant is against the defendant while leading to the confession of the crime, shall be considered as the circumstances favorable to the defendant, and the punishment shall be determined as above in light of all the circumstances shown in the arguments of this case such as the defendant's age, character

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