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(영문) 서울서부지방법원 2013.05.30 2013고단645

교통사고처리특례법위반

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 engaging in driving a rocketing taxi.

On December 25, 2012, the Defendant driven the above taxi on December 02:00, and proceeded at a speed of about 67 km per hour, depending on the two-lanes of the morizontal-dong, Mapo-gu, Seoul, the way from which the monthly World Cup stadium flows to the monthly World Cup stadium.

At the same time, the upper speed of the road is 40km per hour on the right side, and the snow was accumulated at less than 20km at the time. As such, 32km per hour at the time of the reduction of 1/5, there was a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brake system accurately.

Nevertheless, the Defendant neglected this and putting the restricted speed more than 35 km, and kids on the snow side of the road that is on the right side of the running direction while getting off the said taxi into the front side of the said taxi, and continued to have the day on which the left side was set into the front side of the said taxi.

The Defendant caused the victim D (year 47) who was on board the taxi as a passenger due to the foregoing occupational negligence to suffer the injury of the victim D, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written statement on the occurrence of each traffic accident;

1. Photographss, on-site investigation photographs, and certificates of meteorological phenomena by capturing booms of vehicles;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act suspended execution (Consideration, such as the fact that a cab is admitted to the taxi mutual aid association);