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(영문) 수원지방법원 안양지원 2018.11.13 2018고단1486
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

On September 2, 2018, the Defendant driving a B K5 taxi around 02:50 on September 2, 2018, and driving a fire station of 3 lanes in front of the C Apartment D, Sipo-si, Sipo-si, Gunpo-si, at a speed of about 88 km in speed depending on the two-lanes from the shooting distance room.

At the time, night, its limit is 60km per hour, and a large number of people pass, so there was a duty of care to safely drive the driver on the part of the driver on the part of the driver on the part of the driver on the part of the driver on the part of the driver on the road.

The Defendant neglected this while driving a speed exceeding approximately 28 km per hour and did not accurately operate the steering direction and brakes, and due to the negligence of not operating the steering direction and brakes accurately, the Defendant received the victim E (the age 22) who dried up on the road according to the crosswalk from the left side of the proceeding direction when the pedestrian signal is red, and received the same as the front-hander and Bods part of the above taxi.

The Defendant caused the death of the victim due to the above occupational negligence at G hospitals located in the Sinpo-si F in 04:02 on the same day by brain explosion, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of the occurrence of an I traffic accident;

1. A traffic accident report;

1. Carryover of the results of the analysis of traffic accidents DTS;

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

1. Grounds for sentencing under Article 3 (1) and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts and the Act on Special Cases concerning the Selection of Sentence;

1. Scope of a recommended sentence on the sentencing guidelines: Where the victim is negligent in the occurrence of a traffic accident or the expansion of damage, even for the victim of the reduced area (4 months to 1 years), the reduced area (special mitigation factors) of two types of traffic accidents (Death or Injury of a traffic accident) shall be reduced from April to one year (the scope of a recommended punishment) of the credit cooperative;

2. Determination of sentence - A favorable condition: A person who crosses the crosswalk without permission when the signal for pedestrians is red;

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