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(영문) 청주지방법원 2015.04.09 2015고단93
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On November 17, 2014, the Defendant: (a) driven a rocketing taxi as business around 00:05, the Defendant, while driving a Cheongju-si, who is in front of the F-ro in Cheongju-si E, was driving at a speed of about 76 km per hour, depending on the two-lanes from the boundary of the Cheongju-si to the boundary of the Cheongju-si; (b) in such a case, the Defendant: (c) was under the duty of care to abide by the speed limit and to prevent accidents by accurately manipulating and safely driving the steering gear, brakes, etc.; and (d) was negligent in driving at a speed of about 50 km in speed exceeding the speed of 76 km per hour; and (e) the Defendant was driving a 18-H part of the said G 18-H on the left side of the front part of the said G 18-H.

Ultimately, the Defendant caused the death of the said victim due to the above occupational negligence after being sent back to the hospital of Chungcheongnam-do University on the same day at around 03:28 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to I;

1. Application of Acts and subordinate statutes to a survey report on actual condition, death certificate, black image pictures, traffic accident comprehensive analysis report, taxi operation record book, and investigation report (verification of speed limit);

1. Article 3 (1) and the proviso to Article 3 (2) and (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (see, e.g., Article 268 of the Criminal Act) concerning criminal facts;

1. The vehicles of the defendant under Article 62(1) of the Criminal Act of the suspended execution are subscribed to mutual aid, and the agreement is reached smoothly with the bereaved family members of the victim, there is no record of criminal punishment, and without a license;

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