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(영문) 수원지방법원 안산지원 2014.05.22 2014고단764
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in K5 taxi driving services.

At around 20:50 on March 17, 2014, the Defendant driven the above taxi and proceeded at a speed of about 46 km from the radius to the Gunpo-do 344 km-dong in Ansan-si.

Since it was difficult for a driver to see at night due to the beam of headlights of motor vehicles driving at night, there was a duty of care to reduce the speed and to accurately operate the steering system.

Nevertheless, the defendant was negligent in driving the vehicle as it is, and the defendant was found to have passed the right lower part of the victim C (the 52-year old) who dried the road on the right side from the left side of the course direction.

Ultimately, at around 07:25 on March 18, 2014, the Defendant caused the above victim’s death by occupational negligence to the cardiopulmonary suspension due to the pulmonary typology in the second floor of the E Hospital in Ansan-gu, Ansan-si. Around 07:25.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site photograph of a traffic accident, a report on the occurrence of a traffic accident, and a black and video CD;

1. Application of Acts and subordinate statutes to death, postmortem examination report, and corpse 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. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the reflection of the error of the defendant, the agreement between the bereaved family members of the victim, the criminal records of the defendant, the fact that the defendant's vehicle was covered by a comprehensive insurance policy, the negligence

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