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(영문) 서울서부지방법원 2017.06.29 2017고단873

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing taxi.

On March 5, 2017, around 01:45, the Defendant proceeded along the two lanes in front of Eunpyeong-gu Seoul Metropolitan Government D on a three-laned side with a ten-lane one-laned side of Eunpyeong New Airport.

At the time, the restricted speed is 60 km per hour and the road is milch, so in such a case, there was a duty of care to reduce the speed and properly manipulate the steering gear to prevent the accident in advance.

Nevertheless, the Defendant was negligent in driving at a speed exceeding 20km per hour by driving 91km per hour, thereby getting off the taxi to port and getting off the opposite direction and street trees.

Ultimately, the Defendant suffered injury to the victim E (the 59 years old), who is a passenger boarding the taxi of the Defendant due to the foregoing occupational negligence, such as the closure of the body body of a broad bridge requiring approximately 14 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Submissions of traffic accident analysis reports;

1. A medical certificate;

1. Application of statutes on site photographs;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the punishment according to the sentencing guidelines] O general traffic accident (the injury by traffic accident) is aggravated (8 to 2 years): the case where the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Republic of Korea is serious (the decision of sentence] where the defendant is driving in excess of the speed limit but did not properly operate the steering gear while driving in excess of the speed limit, and the victim suffered relatively serious injury due to the accident in this case, and the defendant did not reach an agreement with the victim.