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(영문) 춘천지방법원 강릉지원 2017.11.15 2017고단1071
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

On August 3, 2017, the Defendant driven the above car at around 20:50, and driven the front of the D road located in Gangnam-si C in the southwest-si, with two-lanes of the valleys inside the southwest-si, the Defendant proceeded at the speed of 71km per hour.

In such a case, the driver of the motor vehicle has a duty of care to observe the speed limit to those engaged in driving the motor vehicle, and to safely drive the motor vehicle by checking whether or not people walk on the crosswalk.

Nevertheless, the Defendant neglected to do so, thereby exceeding 20km, and did not properly examine whether there is a pedestrian on the crosswalk, and took part of the body of the victim E (62) who is proceeding along the crosswalk from the right side of the taxi to the left side of the crosswalk, as the front part of the said taxi.

Ultimately, the Defendant caused the death of the said victim by negligence on August 4, 2017, 09:28, at the Switzerland Hospital, which was located in the 20-ro from the Gangwon-si Seoul Special Metropolitan City, Gangwon-do, which was under the treatment of transmission, due to its occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the statutes to forward the report on the occurrence of a traffic accident, the report on the accident, the scene photograph of the accident, the death certificate, the investigation report (on-site verification of the Road Traffic Authority), and the results

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the first offender, the fact that the insurance is covered by a comprehensive insurance, the fact that the insurance is agreed with the bereaved family, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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