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(영문) 수원지방법원 성남지원 2018.04.12 2018고단153
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 November 25, 2017, the Defendant driving the above taxi at around 02:35, and turned ahead of the middle school of 20 bank in front of the middle school of 379, Sungnam-gu, Seonam-gu, Seonam-gu, Seonam-gu, Seoul, into one-lane of the two-lanes of the two-lanes of the way from the mountainside of South Korea.

Since the restriction speed is 60 km a speed, a person engaged in driving a motor vehicle has a duty of care to comply with the vehicle line and speed limit and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the restriction speed to 105 km per hour exceeding 45 km per hour, and turned down to the right, and caused the protective walls and safety signs installed on the right side of the side to the front of the said taxi.

Ultimately, the Defendant suffered from the injury of the victim C (V, 36 years of age), who was aboard the si in the foregoing occupational negligence, such as the cage of cage cages, which requires approximately 4 weeks of treatment, and the injury of the victim D (37 years of age), such as the cage cages of cages, which require approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident under D or C;

1. A survey report on actual conditions;

1. Each medical certificate, cab, and taco;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the victim's injury was relatively serious due to traffic accidents caused by the defendant's excessive driving of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is favorable to the defendant that the defendant is against the defendant's disadvantage, that the defendant is against the defendant's gender, and that the risk of the damage can be compensated due to the defendant's joining the taxi mutual aid association.

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