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(영문) 대전지방법원 2014.11.06 2014고정1684
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On June 29, 2014, at around 00:08, the Defendant driven the above taxi and proceeded along four-lanes from the direction of the Agency for Defense Development to the mountain intersection, depending on the roads under the direction of the mountain intersection near Sejong-dong, Seosung-gu, Daejeon.

Since there is a limited speed of 80km per hour, a driver engaged in driving service has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and found the victim C (the age of 25) who was walking at the front line of the above taxi that the Defendant driven at a speed of about 49 km per hour by negligence in excess of a speed of about 129 km per hour, and tried to take the hand, but was not faced, but was the victim due to the front side of the above taxi driver's seat and the front side of the rear-down.

Ultimately, the Defendant suffered injury to the victim, such as a felball to the left-hand body, which requires approximately 10 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the actual survey report, traffic accident record, and diagnosis certificate;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the choice

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

Although the victim's injury is serious, the victim's negligence provided considerable cause to the occurrence of the traffic accident, and the defendant agreed with the victim.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, it is ordered as above.

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