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(영문) 수원지방법원 2014.12.11 2014고단5703

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the rink-si.

On July 24, 2014, the Defendant driven the above taxi on July 24, 2014, and proceeded at the speed of 119 km from the right edge to the right edge of the station, along the GSST, in the south side of the GSST, which is located under the Young-gu, Young-gu, Suwon-si.

At night, the land level was milched at the time, and the place was 60 km by the speed limit. In such a case, a person engaged in the driving of motor vehicles had a duty of care to prevent accidents by reducing speed and accurately manipulating the steering gear and brakes.

그럼에도 불구하고 피고인은 이를 게을리 한 채 제한속도를 매시 71km 초과하여 질주하다가 빗길에 미끄러지면서 택시 전면부로 진행 방향 우측에 있던 연석을 들이받고 계속하여 연속 회전하며 미끄러지다가 진행 방행 우측에 있던 철제 교각 보호대를 택시 뒷부분으로 들이받아 그로 인해 택시 조수석 뒷문이 벌어지면서 조수석 뒷좌석에 탑승하고 있던 피해자 D(여, 53세)로 하여금 택시 바깥으로 튕겨 나가 도로 바닥에 떨어지게 하였다.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the 11:07th day of the same month by brain liver, etc. at the Aju University Hospital located in Young-gu, Young-gu, Young-gu, Young-gu, 164, where the Defendant had the victim receive the follow-up treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (in case of driving in excess of the rainfall and speed limit),

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents, etc.).