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(영문) 수원지방법원 2014.09.17 2014고단343
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 driving a rocketing taxi vehicle.

On December 4, 2013, the Defendant driven the above vehicle on December 02:36, 2013, and proceeded at a speed of 84 km from the eroscopic distance to the eroscopic distance range.

Since there is a limited speed of 60 km per hour, the 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, when the Defendant neglected this and proceeded at a speed exceeding 24 km per hour, the Defendant received the victim D (the age of 46) who illegally crossed the above crosswalk from the right-hand side of the Defendant’s vehicle to the left-hand side from the right-hand side of the vehicle.

As a result, the defendant suffered from the above occupational negligence the injury of the victim, such as shocks, marrheat, etc., which require approximately 20 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. A report on precision of speed;

1. Application of each statute on photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including a person who has committed a serious injury (including a serious effort to recover damage) of the Act on the Suspension of Execution (including a person who has committed a serious injury). Reasons for sentencing under Article 62(1) of the Criminal Act (including a person who has committed a serious injury) (including a person who has committed a serious injury), other than a fine, in the absence of any special criminal record, such as a fine, the degree of negligence of the victim, the fact that the victim has joined the Financial Cooperative, the fact that the victim has agreed with the victim): where the victim has been negligent due to the occurrence of a traffic accident

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