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(영문) 서울북부지방법원 2018.05.24 2018고단1010
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who drives CK5 taxi.

On December 23, 2017, the defendant driving the above vehicle at a speed of 00:35, and driving the E in front of Seongbuk-gu Seoul Metropolitan Government D at a speed of 68 kilometers per hour at the middle of the three-lanes and the three-lanes in speed.

A person who is engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely in order to prevent accidents by maintaining the distance between the motor vehicle and the motor vehicle in front at an appropriate speed.

Nevertheless, the Defendant violated the above speed limit at the place of accident where the Defendant shall drive within a speed of 60 kilometers per hour, and was driving ahead of it by neglecting the front-time watch at night.

In order to avoid the change of the F driver's taxi at a rapid speed when neglecting the string line while neglecting the string line, the string line of the victim G (28 years old) who was on the sidewalk was able to avoid the change of the string line while driving the string line at a rapid speed, and found the string line of the F driver's taxi at a rapid speed. In order to avoid this, the 28 years old and the string part of the bridge and the string part of the 28-year-old passenger G (28 years old) on the sidewalk was shocked with the above vehicle.

As a result, the Defendant suffered bodily injury, such as a sacratic safel, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. A survey report on actual conditions;

1. An investigation report (Attachment to CDs);

1. Application of Acts and subordinate statutes (Evidence No. 119 pages);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 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 the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant continued to drive over a two-lane and three-lanes in violation of the speed limit, and the taxi driving over the two-lanes, thereby reducing the speed.

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