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(영문) 수원지방법원 2019.05.23 2018고단7502
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the duty of driving a taxi vehicle B K5 taxi.

On November 8, 2018, the Defendant driven the said car at around 00:20,00, and proceeded two lanes in front of the Docker C in Suwon-si, Suwon-si, Suwon-si, along the direction of the docker distance, along the two-lanes in the direction of the sperm.

At the time of the accident, it was difficult for a person engaged in driving of a motor vehicle to drive the motor vehicle at a speed of 20/100 of the maximum speed, and to operate the steering gear and brake system accurately, thereby preventing the accident.

Nevertheless, while the Defendant neglected this and proceeded at a speed exceeding 42 km each hour at a speed exceeding 90 km, the Defendant received the victim E (the age of 47) who illegally crosss the speed from the left side of the running direction of the Defendant’s vehicle to the right, as the front part of the Defendant’s vehicle.

Ultimately, at around 00:39 on November 8, 2018, the Defendant caused the death of the victim due to the cerebral brain damage in the G Hospital emergency room in Suwon-si F in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes governing de facto condition surveys, traffic accident occurrence reports, site photographs, and black cinematographic photographs;

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

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The confessions and reflects, the payment of KRW 30 million is agreed with the bereaved family members, and the victim appears to have contributed to a certain portion of the occurrence of the instant accident: The occurrence of unfavorable circumstances, such as the victim’s death, has occurred, and the Defendant’s age, character and behavior, the background of the instant crime, and the circumstances after the instant crime, etc.

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