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(영문) 대구지방법원 2017.01.19 2016고단3967
특정범죄가중처벌등에관한법률위반(도주치사)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment without prison labor of ten months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in driving of a taxi for business use in E.

On July 2, 2016, the Defendant driven the above taxi at around 00:10, while proceeding about 90km in the middle-gu Seoul Special Metropolitan City F from the new intersection to the same four-lane, along the two-lanes.

At the time, at night and at the same time, the regulatory speed is 60 km per hour, and as the person engaged in driving service was near the crosswalk installed, there was a duty of care to safely drive by checking the right and the right and the right while observing the regulatory speed.

Nevertheless, the Defendant neglected this and found the victim H (n, 46 years old) who is crossing the above road without permission due to negligence, and failed to avoid it, and caused the victim to go beyond the center of the Defendant’s vehicle due to the left part of the Defendant’s vehicle, while the victim’s her hum and m, which was her left part of the Defendant’s vehicle, was driven immediately behind the Defendant’s vehicle.

B Operation set the victim to reverse the ISP car and immediately stop the car and did not take necessary measures such as providing relief to the victim, and the victim escaped without taking necessary measures, and the victim died from the two frames at the GSP movable Hospital around 00:54 on the same day.

2. Defendant B is a person who is engaged in driving a ISP car.

On July 2, 2016, the Defendant driven the above car at around 00:10, while driving the G-ro in Daegu-gu F, the front way of the G-ro in the middle-gu, Daegu-gu, along the two-lanes from the new intersection to the same four-lanes, the Defendant proceeded at a speed of about 85km each other at a speed.

At the time, at night and at the same time, the regulatory speed is 60 km per hour, and as the person engaged in driving service was near the crosswalk installed, there was a duty of care to safely drive by checking the right and the right and the right while observing the regulatory speed.

Nevertheless, the defendant is guilty.

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