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(영문) 광주지방법원 2017.11.09 2017고단4338

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 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 July 1, 2017, around 04:47, the Defendant, at the center of Nam-gu, 110, proceeded with a three-lane road in front of the present church from the intersection to the central intersection, about 75.3km each hour, depending on two-lanes.

At the time, it is a new wall and its place is 50 km speed, so in such a case, the driver of the motor vehicle has a duty of care to operate the motor vehicle safely by accurately manipulating the steering gear, brakes and other devices of the motor vehicle and complying with the restricted speed.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 25.3 KK per hour, and found the victim C (e.g., 71 years old) who crosss the right side from the left side of the direction of the proceeding to the right side, and did not avoid it, and had the victim go beyond the ground by receiving the victim from the part of the driver in front of the taxi driving by the Defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of the Southern University Hospital located in the Seoul East-gu, Gwangju-ro 42, where the victim was under transmission treatment after July 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report;

1. On-site photographs;

1. A photograph of a closure;

1. A death certificate;

1. Application of the statutes on traffic accident analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Inasmuch as the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are new walls at the time of the reason for sentencing under Article 62(1) of the Criminal Act, the crime liability is not less complicated in light of the fact that traffic accidents have occurred due to negligence in violation of the restricted speed and led to the death of the victim.

However, the fact that the defendant reflects the crime, the vehicle of the defendant's driving is subscribed to the mutual aid, and the bereaved family of the victim.