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(영문) 서울남부지방법원 2014.09.19 2014고단2168
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On March 17, 2014, the Defendant driven the above taxi on March 17, 2014, and driven the two-lanes of the 46th two-lane roads in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with two-lanes from the mouth elementary school room to the two-lanes of the city.

There was a duty of care to prevent accidents in advance by safely driving at a speed of not more than 30 K km per hour in the surrounding traffic condition to a person engaged in driving service as a children protection zone, and driving at a speed of not more than 30K per hour.

Nevertheless, the defendant neglected this and found the victim D (the age of 18) who crosses the road from the right-hand side to the left-hand side at a speed of 77 KK m per hour by negligence, and did not avoid it, and received the victim from the front part of the defendant's vehicle.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim, such as a closed brut fel, which requires treatment for about 8 weeks, and the victim E (33 years old), who is the passenger of the taxi, for about 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Application of Acts and subordinate statutes concerning police statements;

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 Concurrent Crimes;

1. Where the occurrence of a traffic accident or the expansion of damage occurs even to the victim, who is in the basic area (in April to October) (in special mitigation) (in the case of a person subject to special mitigation) of the basic area of the first type of traffic accident (in the case of a person subject to a special mitigation), the defendant has driven the restricted speed exceeding 47 km per hour in the child protection zone (in the case of a person subject to a special mitigation).

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