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(영문) 대전지방법원 2015.02.26 2014고단4179
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in the duty of driving a rocketing taxi.

On October 25, 2014, the Defendant driven the above taxi on October 25, 2014, and proceeded at a speed of about 82 km at a speed of about 82 km from the side of the measure source to the westan-si, Sejong-si, Seoul Special Metropolitan City.

Since there is a limited speed of 60km per hour, in such a case, a driver has a duty of care to prevent accidents by complying with the car line and the restricted speed and operating the steering system and the steering system accurately.

Nevertheless, the Defendant neglected this and found the victims D(21 years of age) and E (19 years of age) to cross the right side of the course from the right side of the course of the course without permission due to the negligence of excessive driving exceeding 22 km, and did not avoid it, but did not stop and received victims from the front of the said taxi.

After all, the Defendant suffered injury to the victim D, such as a chilling fluor for about six weeks of medical treatment due to such occupational negligence, and injury to the victim E, such as the upper half of the left-hand upper half of the need for medical treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Each written diagnosis;

1. Application of operational frequency analysis (C) 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 concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Traffic Crime Group, General Traffic Accidents (Type 1), Reduction Area, 1-6 months to her imprisonment without prison labor (Article 4). (4) The National Passenger Transport Business Association's membership of the Federation of Passenger Transport Business Associations without any previous criminal records (Article 62(1) of the Criminal Act (Article 62(1) of the same Act, D's non-compliance with punishment among victims

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