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(영문) 대전지방법원 2016.04.08 2016고단348
교통사고처리특례법위반
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C Launa taxi.

On December 24, 2015, the Defendant driven the above taxi on December 18:35, 2015, and proceeded ahead of the bus platform 255 in the speed of 83 km from the right edge to the pentcheon-ro, Chungcheongnam-gun, Chungcheongnam-do.

The place was a road with a speed of 40 km per hour, and there was a cross-road crossing on the front side without signal, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by complying with the speed limit and accurately manipulating the steering gear and brakes by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and passed a bicycle on the front side of the mast Defendant’s vehicle due to the negligence of driving at a speed exceeding the limit, and left-hand turn to the proportional church, and received the front wheel part of the victim D(67) who followed the bicycle from the victim D(67).

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Chungcheongnamnam University Hospital, which was located in Daejeon-gu, Daejeon-gu, Daejeon, on December 25, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of a report on investigation (related to the speed of vehicles);

1. Application of Acts and subordinate statutes stating a death certificate;

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 scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents), the mitigation area (4 to 10 months), [the person with special mitigation] punishment not (including efforts to recover damage) [the decision of sentencing] in the death case, it cannot be assessed as the victim himself/herself who is unable to punish his/her bereaved family.

However, there is no penalty for bereaved family members, joining a personal taxi of Ⅱ collateral security, and there are no other criminal records, and supporting many family members.

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