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(영문) 전주지방법원 2017.01.24 2016고단1647
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On July 5, 2016, the Defendant driven the above taxi at around 23:00, and driven the two-lane road in E in front of Kim Jong-si, Kim Jong-si, with a speed of about 72.2 km from the side of the terminal outside the city to the long-distance of non-private history.

At the time, the surrounding area was kept at night, and the place was located at a point where the speed limit is 50km speed per hour, and there is a crosswalk where no signal is installed at the front, so the driver of the motor vehicle has a duty of care to take care of the front and the right and the right and the right and the right and the right and the right and the right and to prevent the accident in advance by safely observing the speed limit.

Nevertheless, the Defendant neglected this and got the victim F (29 years of age) who dried the crosswalk at the right side of the defendant's running direction at the speed exceeding approximately 22.2 km per hour by negligence, and caused the victim to die with the external shock at the Gannam University Hospital located in 23:19 on the same day at the front part of the above taxi at the front part of the above taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. Each investigation report (an analysis of cream records of vehicles, on-site investigation by the Road Traffic Authority);

1. Requesting traffic accident analysis and notifying results of the comprehensive traffic accident analysis;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to on-site evidence photographs and photographs of speed signs on the road involved in accidents;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommendation] is the basic area (8 months to 2 years) of the type of traffic accident (the death of traffic accidents) (Article 3(2) of the Act on Special Cases concerning the Protection and Observation and Order of Community Service.

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