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(영문) 부산지방법원 2016.06.09 2016고단1598
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. 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;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a taxi in B-ro.

On February 7, 2016, the Defendant driven the above taxi at around 03:00, while driving the cab at around 03:0, the Defendant continued to drive from the side of thought-gu to the mass delivery along three-lanes of the three-lanes of the surrounding side of the Dag-gu, Northern-gu, Seoul Metropolitan City.

At the time, the restricted speed is 80 km per hour, so in such a case, there was a duty of care to safely drive a person engaged in driving service by complying with the restricted speed.

Nevertheless, the Defendant neglected this and caused injury to the victim C (3) who was on board the said taxi due to his occupational negligence in violation of the speed limit of 108 km and continued to be installed on the left side of the Defendant’s taxi in front of the said taxi in front of the said taxi and continued to be installed on the left side, by taking approximately 8 weeks of medical treatment in front of the said taxi, and taking approximately 8 weeks of the said taxi in front of the said taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an investigation report, and an investigation report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes that attach photographs and field photographs to the damaged vehicle;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [the scope of recommended punishment] The mitigation area (one to six months) (including special mitigation persons) [including efforts to recover damage] the punishment not for the punishment (including decisions of sentence], and the degree of damage is also significant.

However, the sentence shall be determined as ordered in consideration of the fact that the victim has agreed smoothly with the victim, the age, sex, environment, etc. of the defendant.

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