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(영문) 수원지방법원 2019.03.28 2018고단2188
교통사고처리특례법위반(치사)
Text

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

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 engaging in driving a rocketing taxi.

At around 00:50 on December 31, 2017, the Defendant driven the above taxi and proceeded the three-lane roads of the Dridge C in the Gansi-si-si Suwon-si zone, along two-lanes in the direction of the horizontal distance, at about 87km each hour from the direction of the horizontal distance.

At this time, the speed limit is 60 km per hour, and it was difficult to secure the view at night. Since the victim E (year 27) was on the front side of the Defendant’s driving direction, the Defendant had a duty of care to safely drive the steering gear and operation of the steering gear in order to prevent accidents in advance by safely driving it, such as complying with the speed limit and accurately operating the steering gear.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by being driven by the taxi by the defendant due to the negligence of driving.

Ultimately, at around 02:00 on the same day, the Defendant caused the death of the victim due to the injury to external wounds at G hospitals located in Young-gu F in Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. 112 Requests or replies for the provision of reported details;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] general traffic accident: In a case where there is considerable negligence for the occurrence of traffic accidents or the expansion of damage even to the victim (the decision of sentence] of this case where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage (the decision of sentence] of this case, the accident of this case caused the death by shock of the victim who was on the road by negligence, who was negligent in driving the speed exceeding 20 km a speed of time per hour while driving the speed exceeding 20 km per

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