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(영문) 부산지방법원 동부지원 2016.02.01 2015고단2284
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaging in driving a rocketing taxi.

On May 11, 2015, the Defendant driven the above taxi on May 22 and 12, 2015, and driven the three-lane road of 14 km away from the Busan Metropolitan City Highway located in the jurisdiction of the Busan Metropolitan City captain, along the direction of the Busan Metropolitan City.

At the same time, where the speed limit is 100 kilometers per hour, or at the time, the low-water surface is milched and so it should be operated at a speed not exceeding 80 kilometers per hour, so in such a case, the driver has a duty of care to safely drive the road by maintaining the speed limit.

Nevertheless, the Defendant got off the central separation line by neglecting the speed of 30 kilometers a speed exceeding 110 kilometers a speed of 110 kilometers a speed, and got off the central separation line above the left-hand side of the above taxi, and due to the shock, the above taxi was pushed down to the right-hand side of the above taxi, and received a protective wall installed on the side, which was set up on the side, on the right-hand side of the above taxi.

Ultimately, the Defendant suffered injury to the victim C (3) who was on board the said taxi due to such occupational negligence, including approximately 12 weeks of treatment, such as 5 scarkes, and 12 weeks of treatment to the victim D (51).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on actual condition of the police;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflective facts and agreed with victims);

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