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(영문) 서울남부지방법원 2014.09.25 2014고단2366
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a rocketing taxi.

On April 23, 2014, the Defendant driven the above taxi on April 23, 2014, and operated the roads in front of 537, Guro-gu, Seoul (Guro-dong, Hanil Gas Woo), along the speed of about 91km from the new road of the old-ro, underground streets to the high-speed intersection.

At the time, it is night and its restricted speed is 60 km per hour, so there was a duty of care to drive a person engaged in driving of a motor vehicle thoroughly and comply with the restricted speed.

Nevertheless, the defendant neglected this while driving at a speed exceeding 31 km per hour, and the defendant took the body of the victim C (the age of 45) going beyond the center of the road due to the negligence of driving the restricted speed beyond 31 km per hour during the unauthorized crossing with the wheels of the taxi driving.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the injury to the brain injury caused by the two openings.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. CCTV-recording photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] is the case where the victim was negligent in causing traffic accidents or expanding damage in the area of mitigation (4 to 10 months) of the area of mitigation (the special mitigation) of traffic accidents (the occurrence of traffic accidents) (the special mitigation) [the decision of sentence] the result of damage caused by the victim's death by the high speed of the defendant, which is the wind of shocking the victim. However, the damage occurred to the new wall where the traffic of vehicles is relatively relatively short, considering the fact that the victim went beyond one lane from the central separation zone while crossing the road without permission, the victim's negligence is significant, and the defendant commits the crime.

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