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(영문) 광주지방법원 2017.10.19 2017고단3450
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in the operation of B rocketing or taxi.

On July 5, 2017, the Defendant driven the above taxi on July 5, 2017, and led to the mid-distance intersection from the long distance of the Security Center to the long-distance intersection from the north-gu, Gwangju.

At the time of the accident, the speed of ordinary limit is 60 km/h, and the surface was milched at the time of the accident. In this case, the driver was obliged to pay a duty of care to drive safely by accelerating 20% of the speed limit, and by checking well before and after the accident.

Nevertheless, the Defendant neglected this and was negligent in driving about about 78km/h of speed exceeding 30km, and was negligent in driving on the right side of the taxi driving direction of the Defendant, and received the front part of the victim C ( South, 20 years old)’s unreported motor device bicycle riding on the front side of the Defendant’s taxi driving.

Ultimately, the Defendant’s negligence on July 9, 2017, caused the death of the victimized person at the Joseon University Hospital Hospital Hospital in Gwangju-gu, Gwangju-gu, about 365, by pressure on brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Investigation report (verification of black stay images and attaching CDs);

1. A death certificate;

1. A report on investigation (attaching a tachograph);

1. Application of reply statutes to requests for meteorological phenomena;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Orders to Provide community service and attend lectures [the type of decision] - Class 2 of the ordinary traffic accident (the death or injury of a traffic accident) - The factors for mitigation are the areas of special mitigation [the area of recommendation] where the victim was at considerable negligence in the occurrence of a traffic accident.

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