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(영문) 대전지방법원 천안지원 2019.02.21 2018고단2549
교통사고처리특례법위반(치사)
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 engaged in driving a rocketing taxi vehicle.

On September 3, 2018, around 04:25, the Defendant proceeded at a speed of about 103 km from the side of the D Hospital to the intersection of movable property towards the network direction, depending on one-lane of two-lane road in the West-gu, Western-si, Western-si, Seocheon-gu, Incheon.

Since it is a road with a speed of 80 km per hour, there was a duty of care to ensure that a person engaged in driving a motor vehicle has a duty of care to observe the speed limit and to prevent accidents by safely driving the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim E (e.g., the age of 71) who crosses the intersection from the right-hand side of the proceeding direction to the left-hand side of the road by the negligence that proceeds more than about 23 km per hour.

At around 05:10 on September 3, 2018, the Defendant caused the victim E by occupational negligence to die by external shock shocks, etc. at the D Hospital located in the Gangnam-gu Seoul Metropolitan City F.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of related Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category II (the area of April to one year) (including special mitigation] mitigation area (including efforts to recover damage);

2. The fact that the decision-making and speed of the sentence has a big cause for the expansion of damage: Provided, That this shall be taken into account, such as the fact that the defendant is the primary offender, the fact that the victim was at fault crossing the intersection without permission, and that the victim has agreed with

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