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(영문) 서울중앙지방법원 2019.06.14 2019고단600
교통사고처리특례법위반(치상)
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for four months.

Reasons

Punishment of the crime

On November 22, 2018, at around 20:10, the Defendant driving a B rocketing taxi, and driving the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul along the shooting distance of the light apartment, at the speed of the light apartment, was located in the crosswalk where signal lights are installed on the front bank in the direction of the office of Gangnam-gu, Seoul, but the Defendant did not properly look at whether there is a person who walked the road and proceeded as it is. On the other hand, the Defendant received the victim D (the 49-year old) who dried the crosswalk from the right side of the taxi in the direction of the mad Defendant driving, to the left side of the vehicle of the Defendant.

The Defendant suffered from an injury to the victim due to such negligence, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of CCTV Acts and subordinate statutes;

1. The grounds for sentencing under Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act [Application of the sentencing criteria] type of crime: Traffic accidents: General traffic accidents;

1. Determination of sentence sentence against the injury resulting from a traffic accident: The Defendant has a record of having received a summary order of KRW 2 million for a crosswalk traffic accident at the Seoul Southern District Court on September 22, 2015, and the instant case also is a pedestrian accident at the crosswalk.

Even though the degree of injury of the victim is not weak, it has failed to lead the victim's decision not to punish the victim.

For the same reason, the sentence against the defendant shall be determined.

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