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(영문) 서울중앙지방법원 2019.09.25 2019고단4936
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 driving a car of rocketing taxi.

On March 18, 2019, the Defendant driven the above taxi on March 18, 2019, and proceeded at a speed of 89.1km at a speed of 89.1km each hour, depending on the four-lanes of 192 km-ro, Jung-gu, Seoul, Jung-gu, Seoul.

Since there is a section of 60km at a speed limit, a person engaged in driving service has a duty of care to ensure safe operation by checking the safety of the course and accurately manipulating the steering and brakes while complying with the speed limit.

Nevertheless, the Defendant, while proceeding at a speed exceeding 60 km per hour, was negligent in neglecting the duty of 89.1km per hour while driving the vehicle without permission from the left side of the running direction due to negligence, received the body part of the victim C (50 years old) from the driving direction to the right side of the taxi.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about 10 weeks of injury, such as the injury between the victim and the victim without an open room.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement on the occurrence of traffic accident;

1. A medical certificate;

1. Copy of a vehicle operation record book; and

1. Responses to traffic accident analysis;

1. A photograph of a vehicle or a photograph of a traffic accident to be taken;

1. Application of the CD 1 statute

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 2

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 1] causing a traffic accident (special person) or causing a traffic accident: The victim shall also be negligent in causing a traffic accident or expanding damage.

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