(영문) 대구지방법원 2014.05.29 2013고단2919

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(영문) 대구지방법원 2014.05.29 2013고단2919

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

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

At around 02:10 on November 10, 2012, the Defendant driven the above taxi and proceeded at about 120 km each hour at the Busan Police Station located in the intersection of the Han field, where three lanes of the modified apartment, located in Seo-gu, Seo-gu, Busan.

It is the road near the intersection and at the left side where the central line is installed, and the speed limit is 70 km per hour, so there was a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and the brake accurately.

Nevertheless, the Defendant neglected to drive the restricted speed more than 50 km per hour, while facing the right direction direction.

Ultimately, the Defendant suffered injury to the victim C (V, 22 years of age) who was on board the cab due to the above occupational negligence, due to approximately nine weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Report on the occurrence of a traffic accident;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and proviso of Article 3(2)3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act on the Reasons for sentencing [the scope of recommending sentence] of Article 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 3(1) and (2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents [the scope of recommending sentence] There is no basic area (4 to 10 months) [the decision of sentencing] [the decision of sentencing] of the defendant in June]. The defendant caused the accident in this case in excess of the speed of 50 kilometers/the imprisonment without prison labor in excess of the speed of 50 kilometers/the defendant did not reach an agreement despite the victim suffered serious injury, the vehicle of this case

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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