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(영문) 의정부지방법원 고양지원 2015.07.10 2015고단1191
교통사고처리특례법위반
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 engaging in driving a rocketing taxi.

On March 11, 2015, around 04:03, the Defendant proceeded ahead of the D farm in Yongsan-gu, Seoyang-gu, Seoyang-si, Seoyang-si, with a speed of about 85 km from the side of the Taeduk Elementary School to the intersection of the D farm at the speed of about 3-lanes.

It is a road with a speed of 60km per hour, and it was difficult for a person engaged in driving service to take the new wall at the time, so there was a duty of care to observe the speed limit, to look at the surroundings, and to drive safely.

Nevertheless, the Defendant neglected this and proceeded directly with the speed exceeding 20 km per hour, and was driven by the victim E (73 years of age) who changed the lane from the two lanes to the one lane. The left side part of the CA110 Otoba was driven by the victim E (73 years of age) in front of the right part of the said taxi.

Ultimately, the Defendant caused the above victim’s death by occupational negligence at around 04:28 of the same day by mass transfusion at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, investigation report (accident site investigation and black image investigation), body autopsy report, vehicle operation recording meter, vehicle appraisal request table;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62(1) of the Criminal Act provides that the defendant shall not be held liable for the loss of valuable life due to the defendant's mistake in sentencing.

However, the defendant is against the defendant, and only agreed with the victim's bereaved family members.

No fault of a victim may be found to exist.

In this context, the punishment as ordered shall be determined by considering the fact that comprehensive insurance is covered, the age, occupation, family relationship, accident circumstances, and all other sentencing conditions of the defendant.

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