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(영문) 서울서부지방법원 2020.02.20 2019고단4090
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 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 taxi.

On July 21, 2019, the Defendant driving the above taxi on July 21, 2019, and directed the roads located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, toward the direction of the Madropo distance.

The location was 60 km at each time at the restricted speed, and the surrounding area was frighter and frighter at night. In such a case, there was a duty of care to safely drive a motor vehicle by complying with the restricted speed and speed and speed regulations.

Nevertheless, the defendant's negligence going beyond 20km at every hour, found that the victim D (the age of 26) who crosses the road to the right side from the left side of the running direction of the defendant delayed, and went beyond the fronter on the left side of the defendant driving.

Ultimately, the Defendant suffered from the victim E (the 61 year old) who was on board the said taxi due to the foregoing occupational negligence for about ten (10) weeks of abandonment, and suffered from the unexplosion in the number of days of treatment to the victim E (the 61 year old) who was on board the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and investigation reports (in addition to victims);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that there is no previous conviction other than fine and the fact that vehicles are covered by comprehensive insurance);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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