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(영문) 서울중앙지방법원 2015.01.14 2014고단8580
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On August 28, 2014, the Defendant driven the above taxi on August 28, 2010, and led the front road of the Gangnam-gu Seoul Metropolitan Government 145-43, Gangnam-gu, Gangnam-gu, to the speed of about 97 km from the surface of the apartment site to the sponsing tunnel.

At the time, there is an intersection where signals are installed at night, and the speed of restriction is 60 km speed, so the driver of the vehicle has a duty of care to reduce the speed and prevent the accident by driving safely according to the traffic signal.

Nevertheless, the Defendant neglected this and neglected to follow a red stop signal, and was driven by the victim D(20 years of age) who turn to the left from the Doro 1-dong community center at the right angle to the left due to the negligence of directly driving the speed exceeding 37 km per hour at the speed of 37 km.

As a result, the Defendant suffered injury, such as mination of franchis to the right side, which requires approximately 16 weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. In the case of serious injury (a person under special guard) in the special heavy area (8 to February 2) [in the case of serious injury] in Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1), Article 3(2) proviso (proviso)1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommending sentence], where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (a person under special guard], the defendant has been punished several times by imprisonment without prison labor for seven months, and this case is a crime committed during the suspended sentence after being sentenced to a suspended sentence

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