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(영문) 의정부지방법원 2018.08.24 2018고단2184

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years 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 December 18, 2017, around 21:40, the Defendant continued the front road of the “E” building located in Dongbcheon-si, Gyeonggi-do, with the distance of fixed funeral from the long distance room in the Dongbdo, at the speed of 85 km each hour according to the two-lanes.

Since a crosswalk is installed on the front side and the speed of restriction is 60 km a speed, the driver of the motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected this and found the victim F (48 cm) who was crossing the crosswalk from the right side of the Defendant’s running direction to the left side at a speed exceeding 29.5 km per hour, and did not avoid it, but did not go beyond the victim’s left side by taking the part of the victim’s bridge in front of the left side of the taxi.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at around 22:42 on December 18, 2017 to the hospital, which caused the death of the victim due to the multiple external wounds caused by the traffic accident during the course of transmission.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Images and video materials of Gabblings for Gablings;

1. Application of Acts and subordinate statutes to trial records and photographs of bodies;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] The basic area (a mitigation: a mitigation of punishment, a aggravation of punishment: a case where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy.