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(영문) 서울동부지방법원 2015.08.26 2015고단1323
교통사고처리특례법위반
Text

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

On February 7, 2015, the Defendant driven the above taxi at around 05:20, and driven the roads near the Gangdong-gu Seoul Metropolitan Government D along the two-lanes between the two-lanes of the road from the surface of the shooting distance to the roadside distance.

It was a road with a speed of 60 km per hour, so there was a duty of care to prevent accidents by complying with the speed limit and safely proceeding to those engaged in driving business.

Nevertheless, the Defendant was negligent in driving at a speed exceeding 35 km a speed of 95 km per hour, and found the victim E (35 years old) who was crossing the above road without permission from the left side of the running direction of the Defendant, and did not avoid it, and was on the part of the victim's bridge with the above taxi driving by the Defendant.

The Defendant suffered injury to the victim through occupational negligence as above, such as pressure 2, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal accidents, etc.;

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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of imprisonment without

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the case where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim (special mitigation) in the area of mitigation (one to six months) of general traffic accidents in the area of mitigation (the determination of sentence] of the victim's injury is not easy, but the victim is against the victim's injury, and the victim is also driving away from the opposite lane of the defendant's proceeding to the new wall without permission, and is very large in negligence by crossing it over the median distance from the opposite lane of the defendant's proceeding, the fact that the defendant is admitted to the taxi mutual-aid association, and the defendant is punished in addition to a long range of fine of all types.

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