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(영문) 의정부지방법원 고양지원 2018.08.29 2018고단1666
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 a private taxi in C.

On May 10, 2018, the Defendant driven the above taxi on May 10, 2018, and moved the front road of the E Hospital D located in Seoyang-gu, Seoyang-gu, Seoyang-gu into the front door of the hospital.

Since a crosswalk is installed, in this case, a person engaged in driving service has a duty of care to reduce speed and drive safely by checking well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and found the victim F (55 taxes, nicks, and nicks) who was crossing the electric wheelchairs from the right side to the left side of the crosswalk, due to the negligence bypassing it, and did not avoid it later, and did not shock the left side of the electric wheelchairs to the front part of the said taxi.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. AF statement;

1. The actual investigation report on traffic accidents;

1. Photographss related to traffic accidents;

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

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents of Type 1 (Bodily Injury resulting from Traffic Accidents) [Special mitigated Persons] Punishment and Non-Punishment (including efforts to recover from damage] [Determination of sentence], which cause a traffic accident on a crosswalk, is disadvantageous circumstances to the victim, the vehicle operated by the defendant is subscribed to a mutual-aid association, the vehicle is being affiliated with the victim, the fact that the defendant has reached an agreement with the victim, and the fact that it is in depth is against the defendant's age, etc., shall be considered as favorable circumstances, and the sentence shall be determined as ordered by considering all of the sentencing conditions stipulated under Article 51 of the Criminal Act, such as the defendant's age.

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