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(영문) 수원지방법원 성남지원 2017.07.06 2017고단900
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving of a private taxi for business purpose CK5.

On January 7, 2017, the Defendant driving an above taxi at around 00:40 on January 7, 2017, and cross-road along the new ridge-distance intersection in the Hasan-si, Busan Metropolitan City.

From the viewing side, Gwangju is proceeding at a speed of about 70 km per hour.

At the time, there are crosswalks where signal lights are installed at night, and in such a case, there were duty of care to check whether a person engaged in driving a motor vehicle is a pedestrian who reduces speed even if green, and safely crosses the motor vehicle without permission.

Nevertheless, the defendant neglected this and failed to comply with the driver's signals, and did not find the victim D(50 years old) to the left-hand side on the right-hand side according to the crosswalk, and did not get the victim to go beyond the road by receiving the victim from the front-hand side of the taxi driving by the defendant.

Ultimately, the Defendant suffered from brain injury to the victim due to such occupational negligence, and caused the death of the victim at around 00:54 on January 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes governing field photographs, photographs of string vehicles, and taxi booms video CDs;

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 on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act provides that although the death of a victim was serious result, the defendant is against his/her will, there are no criminal records exceeding

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