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(영문) 서울남부지방법원 2016.11.10 2016고단3942
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years 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 July 16, 2016, the Defendant driven the above taxi on July 16, 2016, and proceeded at a speed of about 118km in speed, depending on the two-lanes from the south side of the Tropical intersection, the Dok Olympic road of about 20-lane which is located in Yeongdeungpo-gu Seoul Metropolitan Government Nowon-gu.

At the time, since the surface is a new wall and a rain down, there was a duty of care to safely drive a person engaged in driving a motor vehicle with a speed of 20% lower than the speed limit.

Nevertheless, the defendant neglected this and proceeded at a speed of about 72 km, which exceeds about 46 km per hour, due to the negligence of running over a speed of 118 km per hour, the above taxi has turned down on the left side while the above taxi has turned down on the left side, and the first collisions on the back side, and the second collisions between the above taxi and the two on the right side.

As a result, the Defendant suffered injury to the victim C (the 49-year old) who was on board the taxi due to the above occupational negligence, such as a elf to the right fel in need of treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Traffic accident report (1) (2) , speed and spons of the vehicle under consideration, diagnosis certificate, investigation report (in relation to whether or not the vehicle under consideration is binding, etc.), application of Acts and subordinate statutes;

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, the selection of imprisonment without

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing 0 favorable to the reasons under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: A person subscribed to the taxi mutual aid;

The defendant's negligence is significant, and the victim's damage is severe, but no agreement is reached, in the same way as the other party's accident occurs by driving more than 46 km than the prescribed speed.

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