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(영문) 청주지방법원제천지원 2020.08.13 2020고단211
교통사고처리특례법위반(치사)
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 rocketing taxi.

On March 8, 2020, the Defendant driven the above taxi on March 16:35, 2020, and led to the two-lane road in front C incheon City, using the two-lane road from the intersection of the Reserve University to the intersection of the intersection.

At this point, it is the 70km restriction zone per hour and the place where the end of the eavesdle begins, and the view is not good, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the speed limit.

Nevertheless, the Defendant neglected this and operated a limited speed of about 28 km at a speed exceeding 98.4 km, and found the victim D (ma, 66 years old) who was boarding a bicycle on the right side at the left side of the left side of the direction of the Defendant’s proceeding, tried to detect the victim D (ma, 66 years old) who was driving a bicycle on the right side of the right side, and did not avoid it, but received the victim’s bicycle in front of the above taxi.

Ultimately, the Defendant caused the death of the victim by occupational negligence as a multi-life organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A death certificate;

1. Reporting on the occurrence of a traffic accident;

1. A traffic accident report;

1. Request for analysis of traffic accidents and written appraisal;

1. Photographss of the scene of the accident, a photo of the defense contractor, a photo-fluore photograph, a photo-fluor photograph of the video-fluore photograph, and a photo-fluor video CD;

1. Application of Acts and subordinate statutes concerning the speed of vehicles under investigation report;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of various sentencing conditions as shown in the records and arguments, such as the following circumstances and age, character and conduct, home environment, motive, means and consequence of the crime, and the circumstances after the crime.

(b)bed;

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