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(영문) 전주지방법원 군산지원 2018.12.07 2018고단1002

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving the KS5 taxi.

On April 29, 2018, the Defendant driven the above taxi on April 29, 2010, and continued to drive approximately 94km in the speed of 23 kilometers in the direction of yellow, etc. from the direction of the national highways of 293 in the following cities, as the following cities: 01:40, the Defendant continued to drive the above taxi at the speed of about 94km in the direction of yellow, etc.

At night, and there is a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes by complying with the speed limit, as it is a national highway with a speed of 60 km speed, the Defendant engaged in driving service.

Nevertheless, the Defendant neglected this and went beyond the floor by taking the victim C (58) (58) who illegally crossed the road in the direction of yellow, etc. from the right side of the above taxi in the direction of the defendant's proceeding, due to the negligence of driving the speed exceeding 34 km speed per hour.

Ultimately, the Defendant caused the victim's death by occupational negligence on the same day at the hospital of the nuclear power college, which was located in 895 in the Hansan-si, 06:37 on the same day, to the low-blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, internal investigation report-Attachment, etc. of images of an accident;

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

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, which led to an excessive driving of the defendant, and the occurrence of a serious consequence that the victim died, but the defendant agreed smoothly with the bereaved family members of the victim. The occurrence of the accident in this case seems to have contributed to the fault of the victim walking along the road without permission, taking into account the defendant's age, sexual behavior, etc.