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(영문) 서울남부지방법원 2016.08.30 2016고단3033
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 who is engaged in driving of Bchip taxi.

On April 29, 2016, the Defendant driven the above taxi on April 01:00, and continued to run approximately 83 km in the direction of the speed from the vicinity of the village, such as the three-lane road in front of the D cafeteria located in Yangcheon-gu Seoul Metropolitan Government.

At the time, it is night and at the same time 60 km speed, so the driver of the vehicle has a duty of care to thoroughly conduct the front-time duty and to safely drive the vehicle by complying with the restricted speed.

Nevertheless, by neglecting this, the Defendant did not discover the victim E (44) who was crossing the road without permission from the left side of the direction of the Defendant's proceeding to the right side, and did not show the victim E (44) who was driving the road without permission at a speed exceeding 23 km per hour while neglecting it.

Accordingly, around 03:00 on April 29, 2016, the Defendant caused the victim to die with low-blood shock shocks at Ansan-ro 1071, Yangcheon-ro, Yangcheon-gu, Seoul, and the Gedong Hospital affiliated with the university.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Traffic accident report (on-site investigation report), internal investigation report (on-site investigation report) and investigation report (on-site investigation report) (on-site investigation report) and investigation report (on-site investigation report (on-site inspection of 119 first-aid vehicle accident distance), investigation report (on-site survey of the driving distance of the suspect vehicle), investigation report (on-site analysis response of the driving speed of the suspect vehicle), and comprehensive traffic accident analysis report);

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

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determinations: [19] Traffic, 01. General traffic accidents, [2].

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