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(영문) 대구지방법원 서부지원 2014.07.25 2014고단644
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing taxi.

On April 20, 2014, at around 04:50, the Defendant driven the above vehicle at a speed of about 113 km each hour, depending on the two-lane distance from the 6-lane distance from the front side of the Giuridong in the ri-gu, Seogu, Daegu.

There was a crosswalk at the front section of 70 km speed at the time of regulation, and in such a case, there was a new wall, so that the person engaged in driving service has a duty of care to safely drive the vehicle and prevent the accident from occurring.

Nevertheless, the defendant did not find the victim C(40 years of age) who was under way on the crosswalk at the speed of about 113 km, due to negligence in violation of the regulatory speed at the speed of about 113 km, and did not find the victim C(40 years of age).

Ultimately, the Defendant caused the death of the victim C due to the above occupational negligence, i.e., e., brain salone from stone.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual survey report on traffic accidents (1, 2);

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) has no record of being punished for the same type of crime, the full agreement between the bereaved family members of the victim and the victim has been reached, and there are circumstances to take into account

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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