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(영문) 서울남부지방법원 2015.11.05 2015고단3983
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for three 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 the duty of driving B taxi.

On July 26, 2015, the Defendant driven the above taxi on July 05:35, 2015, and continued to drive approximately 120 km in the city, depending on the three-lane roads near the Sinsan Pung-si, Yeongdeungpo-gu, Seoul, as the Olympic Games.

It is a road with a limited speed of 80km per hour, and at the time, the low speed of the surface was milched, so the restricted speed was 64 km per hour higher than the normal speed, so a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the restricted speed.

그럼에도 불구하고 피고인은 이를 게을리한 채 제한속도를 시속 56km 초과하여 진행하다가 빗길에 미끄러져 4차로 우측에 설치되어 있는 가드레일을 택시 우측 앞 범퍼 및 좌측 뒤 휀더 부분으로 차례로 들이받아 그 충격으로 뒷자리에 승차 한 피해자 C(30세)를 택시 밖으로 튕겨져 나가 도로에 떨어지게 하였다.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the body part of the right body, which requires approximately eight weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, internal investigation reports, details of operation, photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act, the following results arise: (a) the mitigation area (one to six months) (including a special mitigation), the punishment not (including a serious effort to recover from traffic accidents) (the decision of a sentence], but the defendant has no criminal record of the same kind, and (b) the defendant has no criminal record of the same kind.

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