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(영문) 대전지방법원 서산지원 2015.02.26 2014고단1061
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the duty of driving a rocketing taxi.

On September 24, 2014, the Defendant driven the above taxi on September 24, 2019:20, and driven the two-lane road in front of the low-ri bus stops located on the west-si and Seosan Sea, Seosan. In accordance with the one-lane road from the military unit to the 102km road at a speed of 102km.

At this point, crosswalks are installed on the front door, and the speed of restriction is 60 km speed, so the person engaged in the vehicle driving business has a duty of care to check whether there is a person who maintains the road by observing the speed limit and by checking well the right and the right and the right and the right and the right, and to drive safely.

Nevertheless, the Defendant neglected this and found the victim D who crosses the crosswalk to the right side from the left side of the taxi running on the mash-wing direction at the time exceeding 42 km per hour, and went beyond 70 meters from the front side of the said taxi.

Ultimately, on September 24, 2014, at around 19:52, the Defendant caused the death of the victim due to the cerebral cerebral Bribery damage, etc. in the Seocho Medical Emergency Center located at the center of Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Investigation report (investigation, etc. into the site of the case) and operational frequency analysis;

1. Photographss related to traffic accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] In the case where the basic area (including special mitigation) of the type 2 (Death resulting from Traffic Accidents) (the special mitigation) (the person under special mitigation) is not subject to punishment (including serious efforts to recover damage), and illegality in the proviso of Article 3(2) of the Special School Act (the decision of sentence) is more than 40km.

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