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(영문) 서울중앙지방법원 2016.07.13 2016고단2311
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in the operation of Cstststa taxi.

On September 24, 2015, the Defendant driven the above taxi on September 24, 2015, while driving three lanes in front of Gwanak-gu Seoul Special Metropolitan City D along with one-lanes of ambrost from the spon-distance flood.

At that time, there was a center line installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by maintaining the safety distance with the front vehicle.

Nevertheless, the Defendant neglected to perform the above duty of care and entered the victim E (57 SM5) to the opposite string line in order to overtake the fM5 taxi that is proceeding at the above rocketing taxi prior to the said string line, and continued to go further to the opposite string line, and tried to return the 5 string line beyond the central line and return the string line to the first string line, which is the first string line, to the said M5 string line, thereby passing ahead of the said string line. As such, the Defendant neglected to perform the above duty of care, and caused the collision between the two string lines of the 5 string taxi.

As a result, the Defendant inflicted injury on the victim E, such as salt, tensions, etc. in need of approximately 2 weeks of treatment, and caused the victim G (32 taxes) who is the said rocketing taxi passenger, to suffer approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 교통사고 보고⑴⑵ 실황 조사서

1. An investigation report (Analysising of track records of damaged vehicles and CCTV images around the site);

1. Private taxi booms CDs, CCTV images of neighboring buildings in the field, and video CDs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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