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(영문) 수원지방법원 여주지원 2017.09.26 2017고단888
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving of the Crando taxi.

On May 30, 2017, the Defendant driven the above taxi on May 30, 2017, and driven the three-lane road in front of the E cafeteria in the doju City, the Defendant continued to drive approximately KRW 78 km each hour at the respective two-lanes in front of the E cafeteria.

At the time, a crosswalk was installed at night and at the front door, so in such a case, there was a duty of care to check whether a person engaged in driving service was a person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the defendant neglected this and did not discover the victim F (35 tax) crossing the crosswalk from the left side of the defendant's running direction to the right side, and received the victim's right side part in front of the defendant's left side of the taxi.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence to the long-term side of the nuclear power plant located in the Switzerland-ro 20, Gangwon-do nuclear power plant located in the Switzerland-ro 20, Gangwon-do nuclear power plant, where the victim was under the treatment of transmission after around 00:20 on June 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs and vehicle photographs;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. 8 months to 2 years from the scope of the recommended sentence (in cases where punishment is not imposed, or the illegality is serious);

2. Although engaging in the occupation where the sentence is to be sentenced, the driving at the crosswalk without speed is delayed, and therefore, the occurrence of a traffic accident resulting from the death by shocking the pedestrian on the crosswalk is disadvantageous.

provided, however, that it commits its offence;

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