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(영문) 수원지방법원 안산지원 2015.02.16 2014고단3144
교통사고처리특례법위반
Text

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

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 B-si driving service.

On June 11, 2014, the Defendant driven the above taxi on June 16:27, 201, and proceeded at a speed of about 67 km from the long distance to the high speed of about 37 km, along the two-lane road in front of the day of Ansan Culture and Arts, which is located in the 312-ro of the members of Ansan-si, Ansan-si.

At that time, the speed limit is 50 km per hour, and the low-water surface is milched, and thus, the driver of the motor vehicle has a duty of care to check the safety of the course and to drive the motor vehicle at a speed of less than 40 km per hour by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected the limitation speed exceeding 20 km, and instead neglected the victim C (75 years of age) who was crossing a bicycle from the right side of the Defendant’s running direction to the left side of the bicycle, received the victim C (75 years of age) from the front of the said taxi and the front glass part.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Korea University Medical Center Hospital within the limit of 123, with the installment savings of the members of Ansan-si around 20:08 on June 13, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. A death diagnosis report and a written record of autopsy;

1. A traffic accident report;

1. Afforestation photographs by each video recording device and each video recording device;

1. Application of Acts and subordinate statutes, such as checking the speed of acceleration vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The defendant must be punished strictly in that the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence results in a serious result leading to the death of the victim due to his driving negligence;

(b) however, the defendant wishes to be punished against the defendant by mutual agreement with the victim's bereaved family members and the victim's bereaved family members.

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