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(영문) 광주지방법원 순천지원 2019.10.24 2019고단952
교통사고처리특례법위반(치사)
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in a taxi driving service BK7.

At around 20:40 on December 30, 2018, the Defendant driven the above taxi and proceeded about 74.3 km each hour from the end of the terminal to the end of the hospital with two lanes each other in front of the D in Mayang-si C.

At the time, it is night, and the place is 50km speeded at a speed limit, so the person engaged in driving service has a duty of care to live well in the front door and to safely proceed by complying with the speed limit.

Nevertheless, the Defendant neglected this and got the victim F, who was crossing the road from the left side of the proceeding direction to the right side, due to the negligence in excess of 24.3 km of the speed limit at a speed exceeding 24.3 km, was driven by the Defendant in front of the taxi driving.

Ultimately, at around 21:10 on the same day, the Defendant caused the death of the above victim due to cerebral cerebral cerebral damage in the H Hospital emergency room located G in Mineyang-si on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident analysis report;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The sentencing of Article 62(1) of the Criminal Act is based on the following factors: (a) the degree of negligence of the defendant, the degree of damage of the victim, etc.; (b) the sentencing of the defendant is based on the following factors: (c) the defendant is the primary offender; (d) the degree of negligence of the victim; (e) the agreement with the bereaved family members; (e) the subscription to taxi mutual aid; and (e) whether

It is so decided as per Disposition for the above reasons.

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