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(영문) 전주지방법원 2017.01.17 2016고단1750
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 August 28, 2016, the Defendant driven the above taxi on around 05:45, and driven the road of about 50km in front of the Ansan church located in the 7-lane 25-gil of Jeonju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Jeondong-gu, Seoul, at the speed of about 70km each hour from the front direction at the general stadium.

At the time, the victim D (V, 66 years old) was crossing the road to the right side on the left side of the defendant's moving direction, so there was a duty of care to prevent accidents in advance by driving a motor vehicle safely by keeping the front side and the left side well.

Nevertheless, the Defendant neglected this and proceeded with the front part of the si in the front part of the si in question, and caused the victim to die in low-blood shock, etc. at the F hospital located in So-jin-gu Seoul Special Metropolitan City on the same day around 08:29 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A death certificate;

1. Photographs, such as an accident scene;

1. Application of accident video CD-related Acts and subordinate statutes

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following sentencing grounds) [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] of the Act on the Suspension of Execution where there is a substantial fault for the occurrence of traffic accidents or the expansion of damage (the special mitigation person] to the victim (the special mitigation person] of the Act on the Special Mitigation of Traffic Accidents (the special mitigation person crosses the eight-lane road in the vicinity of the intersection, such as signal on the new wall, prior to the sunrise). The scope of sentence compared with the recommended sentence: 2 months to 1 year [the decision of sentence] of the Act on the Suspension of Execution; the occurrence of a serious consequence of the victim's death due to the Defendant's negligence.

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