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(영문) 청주지방법원 2013.08.14 2013고단625
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a C-si.

On February 3, 2013, the Defendant driven the above taxi on February 3, 2013, and driven the three-lane road in front of the agricultural and fishery product market in the Heung-gu, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-do, in the speed of about 96km along two-lanes towards the new service distance.

At the time, it is night and its restricted speed is 60 km per hour, so a person engaged in driving service has a duty of care to prevent accidents due to operating the steering system and brakes accurately by complying with the wheel line and the restricted speed and by properly operating the steering system and the brakes by properly monitoring the steering system and the steering system.

Nevertheless, the Defendant neglected this and tried to find out the victim D (n, 48 years of age) who cross the crosswalk from the left side to the right side on the road traffic signal at the time when the speed limit exceeds 36 km per hour, but did not reach the above victim's right part in front of the above taxi.

Ultimately, at around 02:25 on February 3, 2013, the Defendant caused the death of the victim from a low blood shock shock at the E Hospital located in the Eae-gu Seoul Metropolitan Government, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report (1), (2);

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

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. The punishment shall be determined as ordered in consideration of the overall factors of sentencing, such as the fact that the defendant is led to a crime and is against the reason for sentencing under Article 62(1) of the Criminal Act, favorable circumstances such as the fact that the vehicle has joined the taxi mutual aid association, the fact that the victim died due to the occurrence of the accident in this case, and the age, character and behavior, environment, background of the crime, circumstances after the crime, etc.

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