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(영문) 대구지방법원 2018.04.12 2018고단440

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 October 24, 2017, the Defendant driven the above car at around 02:08, and led to the passage of about 130km in speed, depending on the two-lanes among the three-lanes of the subway Station in Young-gu, Daegu.

At the time, it is night, and at the same time, the speed of restriction is 60 km per hour, so the person engaged in driving service has a duty of care to observe the speed limit and drive safely by checking the right and the right and the right well.

Nevertheless, the Defendant neglected this and operated a speed exceeding 70 km per hour while driving the road at a speed exceeding 70 km, and did not avoid the victim E (25 e) who illegally crossed the road on the crosswalk in the state of the signal signal of Mad pedestrian, and received the victim from the front part of the Defendant’s car.

Ultimately, the Defendant caused the death of a victim by occupational negligence at a university hospital in Yong-Namnam University on the same day at around 04:30 of the same day by acute shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

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

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

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on community service and lecture attendance order [the scope of recommendation] The ground for sentencing of Article 62-2(1) of the Criminal Act / [the scope of recommendation] the basic area (4 to 1 year) (special mitigation) (special mitigation) where the victim is negligent due to the occurrence of traffic accidents or the expansion of damage, the amount of punishment not to be imposed (including serious efforts for recovery of damage) / Cases where the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching, is serious, or in cases of bad driving [the decision of sentence] - Unfavorable circumstances: this case due to the defendant's continuous driving.