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(영문) 의정부지방법원 2017.09.13 2017고단2464
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 a NF rocketing taxi.

On March 11, 2017, the Defendant driven the above taxi on March 11, 2017, and led the three-lane of the “D” in Gyeonggi-gun C to proceed along the three-lane roads in front of the “D” in the Gyeonggi-do Gyeonggi-gun.

At the time, since it is a road with a speed of 60 km at which signals, etc. are installed at night and at that time, there was a duty of care to safely drive a person engaged in driving service by checking the right and the right and the right and the right and the right and the right are well and observing the speed limit.

Nevertheless, the Defendant neglected this and failed to discover the victim E (63 ) who was crossinged without permission in the crosswalk fluoring on the crosswalk m in excess of the speed of 48 km a speed exceeding 108 km a speed of 48 km a speed, and did not discover the victim E (63 m). The victim E (63 m) was set over the road with the front part of the above taxi.

Ultimately, the Defendant caused the above victim’s death by occupational negligence at around 19:47 on the same day, such as multiple trauma, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made against the defendant or F;

1. Relevant photographs;

1. The actual investigation report on traffic accidents;

1. Comprehensive traffic accident analysis, operation termination analysis;

1. Application of Acts and subordinate statutes to all copies of documentary evidence;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was the victim's death due to the instant traffic accident crime.

Although he did not cross without permission, he did not cross without permission.

Even if the defendant's responsibility is unfortunate, it is difficult to hold the defendant liable.

Provided, That the victim shall be punished for the defendant by agreement with the bereaved family members.

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