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(영문) 대구지방법원 서부지원 2016.04.27 2016고단277
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cab.

On January 3, 2016, when the Defendant drives the above taxi on or around 00:19, while proceeding three lanes prior to the F convenience store in Daegu-gun E, the Defendant: (a) was designated at the speed of 70 kilometers per hour as a road to the right-hand side at the speed of 50 kilometers; (b) in such a case, the Defendant neglected his duty of care to observe the speed of restriction; (c) due to negligence in driving the above speed exceeding 25 kilometers per hour; and (d) caused the death of the victim G (44 years) who passed the above road to the right-hand side of the Defendant’s taxi at the speed of 17:0 on January 30, 2016, which led to the death of the Defendant’s taxi at the speed of 13:30 Dong-dong University, Daegu-dong University.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, and reply to a request for appraisal;

1. A death diagnosis certificate (G);

1. Application of Acts and subordinate statutes on site photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) lies in the occurrence of a serious consequence of the death of the victim due to the instant crime, and the fact that the Defendant’s progress beyond a speed of 25 kilometers per hour exceeds the speed of 25 kilometers is disadvantageous to the Defendant.

However, the defendant led to the confession of the crime of this case, the victim's mistake is large, the defendant's bereaved family does not want the punishment of the victim by agreement with the bereaved family members, and the defendant is subject to criminal punishment.

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