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(영문) 춘천지방법원 2013.07.25 2013고단473
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a taxi for business use B.

On April 5, 2013, the Defendant driving the above taxi on April 19:20, and driving the two-lane road in front of the salary-gu elementary school located in Chuncheon City Pharmaceutical Do along a two-lane from the south side of the distance of driving school to the south side of the distance of driving school.

At the same time, there is a duty of care to prevent accidents in advance by complying with the speed limit and driving safely by safely driving the motor vehicle driving on the road because the speed of limitation is 30 kilometers per hour as a children protection zone and the surrounding condition was maintained.

Nevertheless, the Defendant neglected this while driving at a speed exceeding 23 kilometers per hour, and caused the victim to go beyond the road by shocking the body part of the victim C (the age of 83) who crosses the road to the right side from the left side of the last direction of the horse to the right side of the above taxi, shocking the head part of the victim's head to the front part of the above taxi, and reeasting the victim's head part to the front part of the front glass of the above taxi.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the dystrophal dyssis.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (see the reasons for sentencing under the following) of the suspended sentence (see the reasons for sentencing), traffic crimes, general traffic accidents, and Type II (Specially Convicted) of the Criminal Act: The area of mitigation [decision on the recommended area] mitigation area, the area of mitigation of punishment, the area of imprisonment without prison labor for not less than four months but not more than ten months

1. Major reasons for participation: Occurrence of a result of death, and a member not subject to punishment;

2. Reasons for general participation: He/she falls under the proviso of Article 3 (2) of the Special Class of the School Education Act (unlawful), the serious reflection, or the suspension of execution.

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