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(영문) 의정부지방법원 2020.09.15 2020고단2631
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving of Bchip private taxi.

On December 11, 2019, the Defendant driven the above taxi on December 06:33, 2019, and moved by right at the speed from the E side of “D” in front of “D” located in Gangdong-gu Seoul Metropolitan Government C, at the intersection of the three-lane speed, to the direction of the name line.

Since there is a crosswalk installed with signal apparatus at a front door, there was a duty of care to prevent accidents in advance, such as thoroughly operating the front door and accurately operating the steering direction and brake system of the vehicle, in preparation for the case where there is any person who is engaged in driving of the vehicle.

Nevertheless, the Defendant neglected this and neglected it, and did not avoid the victim F who was crossing the crosswalk in accordance with the pedestrian green signal of the crosswalk from the right side of the direction of the proceeding to the left side, and did not get out of the age of 71, and got out of the part of the driver of the above taxi driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the closure of the L1st part, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement, statement of traffic accident F, traffic accident report, and traffic accident report, respectively;

1. Article 3 (1) and the proviso to Article 3 (2) 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, the selection of imprisonment without prison labor;

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

1. Although the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had a record of being punished for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, where the defendant was charged with bodily injury by shocking the pedestrian walking along the crosswalk in 2014, the crime of this case is again committed. This case is the shock of the pedestrian walking walking along the crosswalk according to the pedestrian green signal, and the degree of violation of duty of care is serious.

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