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(영문) 서울서부지방법원 2018.08.23 2018고단1539

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for a period of 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 the duty of driving B rocketing taxi.

On February 24, 2018, the Defendant driven the above vehicle at around 05:30 on February 24, 2018, and proceeded two lanes from the three-lanes on the street in front of Mapo-gu Seoul Metropolitan Government, to the Sasan 2 Sasan Sasan Sasan Saz. Saz.

At this point, there was a vehicle with a speed of 60 km per hour, and there was a vehicle that turns left to the left from the shooting distance of Sungsan 2 school to the light high school.

In this case, there was a duty of care to prevent accidents by maintaining the speed limit to those engaged in driving service, emphasizing the right on the front side, accurately operating and safely operating steering devices and brakes, and preventing accidents.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 20 km per hour without putting the right and the right and the right and the right and the right and right and the right and right and the right and right and right and the right and right and right and the right and right and right and right and the right and right and right and right and the right and right and right and the right and duty of the victim E(39 years old) driving is the front and the driver of the Defendant's vehicle.

As a result, the Defendant suffered, by negligence in the course of business, the injury to the victim E on the left-hand string in which approximately two weeks of treatment is required for the victim E, and the injury to the victim G (V, 19 years of age) who was on the cab in the operation of the Defendant, in the left-hand string laverization that requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the statutes on traffic accident analysis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the victim's degree of injury for the reason of sentencing in Article 62-2 of the Criminal Code of the community service order is not somewhat weak, the vehicle is a sea-shield.