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(영문) 서울남부지방법원 2014.07.24 2014고단2070
교통사고처리특례법위반
Text

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

except that 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 individual taxi.

On May 26, 2014, the Defendant driven the above taxi on May 23:50, 2014, and driven the two-lane road of the 278-lane 1, Geumcheon-gu Seoul Metropolitan Government Hoamambro, along the inner protection area from the new elimbb.

Although the restriction speed of the above road is 50km per hour, the defendant was negligent in driving the above taxi under speed exceeding 20km per hour by 81.72km per hour, and did not look at the front side of the taxi driving in the direction of the defendant's taxi driving, and the victim C (60 years old) who crosses the road to the right side from the left side of the taxi driving in the direction of the defendant's taxi driving to go beyond the road.

Accordingly, the Defendant caused the victim to die at the site due to the injury to two parts by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report on speed calculation;

1. Application of Acts and subordinate statutes concerning autopsys;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] is the case where the victim was negligent in the occurrence of traffic accidents or the expansion of damage to the victim (special mitigations) in the area where mitigation of traffic accidents (in April to October) is to be mitigated (the decision of sentence] [the decision of sentence] that the victim was negligent in crossing the road without permission, the victim's bereaved family members and the bereaved family members have agreed smoothly, and other various conditions of sentencing including the defendant's age, character and conduct, environment, and circumstances after crimes, etc., the sentence as ordered shall be determined within the scope

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