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(영문) 서울동부지방법원 2017.08.23 2017고단1970
교통사고처리특례법위반(치상)
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 engaged in rocketing taxi driving service.

On April 30, 2017, the Defendant driving the above taxi around 04:55, and driving the three-lanes on the same road as Gwangjin-gu in Seoul Special Metropolitan City, 459 (Sero-dong), along the two-lanes in the direction of the Sung River, proceeded at a speed of about 118.8 to 129.2km on the average speed, depending on the two-lanes in the direction of the Sung River.

Since there is a limited speed of 80km, the driver of the vehicle has a duty of care to prevent accidents in advance by complying with the restricted speed and driving safely by checking well the right and the right of the front side.

Nevertheless, the defendant neglected this and found a person who was on the lane completed by negligence exceeding 38.8 km in the speed limit, and moved the right side of the road to the right side of the defendant taxi and moved it to the road to avoid this, while driving the vehicle rapidly.

Ultimately, the Defendant suffered pressured 3,4,6,7,7,8,9,10 times, etc. from the victim C (hereinafter “C”) who was on board the said taxi due to the foregoing occupational negligence, requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written statement on the occurrence of a traffic accident, diagnosis certificate, and traffic accident analysis report;

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, and the selection of imprisonment without prison labor for a crime;

1. Article 62(1) of the Act on the Suspension of Execution (the average speed of 80 km per hour exceeds 38.8 km from August 118 to 129.2 km) of the Criminal Act (the average speed of 80 km per hour) finds out late a person who was on the road in the front line due to a mistake in driving a taxi at a speed of 129.2 km, and then causes bodily injury to the victim by collisioning the right-hand side of the road and moving the taxi back to the road while driving the taxi rapidly. In light of the above, the defendant's duties and room are serious;

However, the defendant shall be led to confessions and reflects, and after 190.

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