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(영문) 의정부지방법원 2016.11.25 2016고단4220

교통사고처리특례법위반(치사)

Text

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

However, 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 engaged in driving a rocketing taxi vehicle.

On August 11, 2016, the Defendant driven the above vehicle at around 00:50, and driven the three-lane road in front of C in Namyang-si, Namyang-si, along the two-lane road in Seoul, at a speed of about 99km per hour.

At the time, it is night and its place is 70 km per hour, so there was a duty of care to safely drive a person engaged in driving of a motor vehicle by thoroughly viewing the right and the right and the right and the right and the right and the right and the right and observing the speed limit.

Nevertheless, if the defendant neglected this and proceeded with a limited speed exceeding 29 km per hour by negligence, the defendant was placed on the front side of the victim D (W, 48 years old) who illegally crosses a road on the right side from the left side of the road.

Ultimately, at around 01:37 on the same day from the above occupational negligence, the Defendant caused the death of brain damage caused by the dyslexal aggregate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on traffic accidents, investigation reports (verification of speed limit on the road);

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] and the scope of general traffic accidents (the scope of recommendations] and the scope of mitigation (the period from April to one year) (including special mitigation), the area of mitigation (including serious efforts to recover damage);

2. Although the Defendant’s negligence on the sentence of sentence led to the death of the victim, the Defendant recognized the instant crime and reflects in depth, and the instant Maritime Vehicle is insured by the mutual aid association.