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(영문) 대구지방법원 서부지원 2020.05.20 2019고단2961
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 taxi.

On May 9, 2019, the Defendant driven the above taxi at a speed of about 100km per hour, according to five-lanes from the border of the Seongbuk-gu Incheon Metropolitan City, where the five-lane roads in front of the Daegu Metropolitan City C were driven at a speed of about 100km per hour.

At this point, as a section of 70 km of a speed limit, there was a duty of care to safely drive the steering employee by sustaining the speed limit and accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this while driving at a limited speed exceeding 30 km, and instead instead, received the victim D (60 years of age) who crosses the road to the right side from the left side of the proceeding direction as the front part of the said taxi.

Ultimately, the Defendant caused the death of the victim due to multiple prolonged damage while receiving treatment from the F Hospital located in the Daegu-gu Incheon Metropolitan City E on the same day at around 18:38 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (related to the screen screen by cutting a black stuff image);

1. On-site map and actual survey report on traffic accidents, traffic accident analysis report, and inspection report;

1. A death diagnosis certificate (D);

1. Application of photographic photographs, accident site photographs and Acts and subordinate statutes to the victim's photograph by cutting a black stuff image;

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. In light of the fact that the instant traffic accident occurred due to the Defendant’s occupational negligence, who neglected to observe the speed of the grounds for sentencing under Article 62(1) of the Criminal Act without complying with the suspension of execution, and the occurrence of a serious consequence that makes it impossible to observe the victim’s death, and that the Defendant has been punished several times for traffic-related crimes, such as violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the past.

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