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(영문) 의정부지방법원 2019.08.14 2019고단2422
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B taxi.

On December 21, 2018, the Defendant driven the above taxi on December 21, 2018, and led the two-lane road in front C in front of the Southyang-si, along the two-lane from the “intersection” side.

At the time, at night, its location was 70 km per hour, and thus, the driver of the motor vehicle had a duty of care to reduce the speed to those engaged in the driving of the motor vehicle, to properly operate the steering and steering gear well, and to prevent accidents in advance by driving the steering gear in a safe manner.

Nevertheless, the Defendant neglected this and did not discover the victim D(38 years of age) who was walking along the two lanes from the front side of the taxi driving the mashed Defendant at a speed exceeding 75.8 to 86.4 km in speed, and did not discover the victim D(38 years of age) and had the victim go beyond the road due to the front side of the cab driving the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the F Hospital located in South Young-si E, South Young-si, where the victim was under the follow-up treatment at around 01:37 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Visual photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment according to the sentencing guidelines of the Supreme Court] The general traffic crime group consisting of the two types of traffic accidents (the death of a traffic accident), the mitigation area (the reduction area, April-1), [the decision of the sentence] the decision of the sentence], and the traffic accident caused by the defendant's excessive violation of the duty of care, resulting in the result that the victim's death cannot be observed.

The defendant runs the business of operating vehicles.

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