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(영문) 대구지방법원 2016.06.23 2016고단1539
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On March 13, 2016, the Defendant driven the said taxi from the long distance in Daegu Northern-gu, Daegu-gu, on March 13, 2016, at a speed of about 83 km in speed from the long four-lane to the long distance off the two-lanes depending on the two-lane.

At that time, it is a general road with a limit of 60 km every hour, and at the front of the road a crosswalk, there was a duty of care to prevent accidents by complying with the restricted speed and by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and failed to drive a speed exceeding 23 km per hour, and did not avoid the victim C (e.g., 76 years of age) who dried a road in violation of the left-hand signal from the right-hand side of the front-hand side of the crosswalk, and received the victim by the front-hand part of the taxi driving by the Defendant.

Ultimately, the Defendant’s negligence on March 13, 2016 caused the death of a victim who was receiving medical treatment at the Seogu Daegu Hospital, which was located in 200 in the compensation for State bonds in Seo-gu, Daegu (Seoul) on March 13, 2016 due to the foregoing occupational negligence, due to the suspension of cardiopulmonary function.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Investigation reports (the results of response with the country), appraisal reports, etc.;

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 and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Act No. 2 (Death by Traffic Accidents) [the Special mitigated person] in the area of special mitigation (2 months to 10 months] [the victim] where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage] [the decision of sentence] [the defendant is driving a motor vehicle with speed exceeding the speed of restriction.

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