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(영문) 서울동부지방법원 2018.08.23 2018고단2104
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 a period of 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 rocketing taxi.

On May 6, 2016, the Defendant driven the above taxi around 04:27, and led the 43-lane 88-gil, Songpa-gu, Seoul Olympic Winter, and the 4-lane 4-lane as the Olympic Winter, as the Olympic Winter Games, to proceed along the 1-lane 4-lane 4-lane 4-lane from the gambridge to the gambridge.

Since the place was at the time of the automobile-only road, the speed of which is 80 km per hour, there was a duty of care to drive the automobile at a speed of 20%, and the driver has a duty of care to drive the vehicle at a speed of 64 km or less per hour.

Nevertheless, the Defendant neglected this and failed to discover a water pool created on the road in the direction of the running of the Defendant at a speed of 104 km in speed beyond the speed limit, and instead taken a water pool and cut off the water pool, which led to the above taxi to turn back to the right-hand rail in the direction of visibility.

Ultimately, the Defendant suffered injury to the victim C (38 years old), a passenger who was on the back of the taxi driven by the Defendant due to such occupational negligence, such as a brush and an open room around the snow that requires approximately two weeks of treatment, and also to the victim D (the victim 30 years old), who is a passenger, for about six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of traffic accidents in C and D;

1. A report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a intensity at the scene of an accident, a traffic accident analysis response, a photograph of the scene of an accident, and photograph

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

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 Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The instant accident was caused by negligence that operated more than 40 km per hour than the speed of the restriction.

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