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(영문) 광주지방법원 2014.12.23 2014고단3984

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

The Defendant is a person who is engaged in driving of a taxi for business use C.

Around 02:25 on September 9, 2014, the Defendant driving the said taxi and proceeding the road in front of a Bosch Rexroth store located in the two-lane of Gwangju Seo-gu into three-lanes. Since it is a road at a speed of 60km per hour at a speed of 60km, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to safely prevent accidents by driving the motor vehicle at a speed of more than 36 kilometers per hour while maintaining the speed of restriction, and due to the negligence of driving the motor vehicle at a speed of more than 36 kilometers per hour while neglecting the duty of care to prevent accidents in advance, resulting in the victim D (22 years) who is standing the crosswalk in front of the said taxi in excess of the speed of 14 weeks, and caused the victim to suffer injuries, such as taking medical treatment for about 14 weeks, cutting off the frame and closing of the pelvis.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report (1 and 2 reports), accident photographs, and analysis report on typ data;

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

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

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

1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. causes a traffic accident by gross negligence that the defendant is driving at a speed exceeding the limit limit, the victim suffered considerable injury that requires medical treatment for about 14 weeks due to the above traffic accident, and the defendant committed the crime of this case without due care even though he had the record of being punished by a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around 2013.

However, the defendant's mistake is divided in depth, and the defendant's vehicle is reflected.