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(영문) 청주지방법원 2019.06.28 2019고단887
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

However, the above sentence shall be executed for three 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 January 15, 2019, at around 22:10, the Defendant driven the above taxi at a speed of about 101km at a speed of about 101km from the three-lane off of the agricultural and fishery product market at a remote distance from the Dobong-gu Seoul Metropolitan City.

At the time, the road is at night and at the same time a crosswalk is installed. In such a case, there was a duty of care to check whether a person engaged in driving service is a person crossing the road by complying with the speed limit and by properly examining the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 99 km speed in speed exceeding 60 km per hour at a speed of 60 km, and due to the negligence, from the left side of the Defendant’s proceeding, the victim D (W, 55 years old) crossing the crosswalk in the crosswalk on the right side of the crosswalk in the direction of the Defendant’s proceeding.

Ultimately, at around 23:20 on the same day, the Defendant caused the death of the victim from the external shock shock caused by chest damage, etc. at the F Hospital in Cheongju-si E on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, records of accident, report on a traffic accident, and analysis of a traffic accident;

1. Application of Acts and subordinate statutes to photographs of accident site and death certificate;

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

1. Article 62(1) of the Criminal Act (see, e.g., Statement of Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act led to the death of a victim who was crossing the road due to the negligence of operating a taxi in excess of the speed of 40km per hour and negligence of neglecting the duty of her former-time care.

The defendant's negligence is severe and the victim's life is severe.

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