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(영문) 서울남부지방법원 2018.11.15 2018고단4343
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 4, 2018, the Defendant driving a Drocketing taxi around 02:45, and driving a six-lane of the front direction of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul at a speed of about 104km in the direction of Seoul, along the two-lanes in the direction of Seoul.

At the time of night, there was a section of 60 km speed at a speed of 60 km, so in such a case, there was a duty of care to safely proceed by complying with the speed limit to those engaged in driving vehicles, properly seeing the right and the right and the right and the right and the right of the vehicle, and accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and proceeded to speed up to 104 km a speed, and found it late after the victim FF (55 years old) who passed a bicycle riding on the right side from the left side of the direction of the defendant's running, and operated it rapidly, but did not avoid it, the victim got out of the front part of the defendant's driving vehicle and got out of the road.

Ultimately, the Defendant caused the victim's death by occupational negligence as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A corpse death certificate;

1. Application of the Trabbbbbbbs film laws and regulations

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Persons who are in the basic area (including serious efforts to recover damage) special mitigation (from August to two years): The scope of the recommended punishment shall be limited to the general traffic accidents of category 2 (Death, etc. caused by traffic accidents): the cases where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases of the School is serious, or in the case of a sckless driving;

2. The fact that the degree of negligence of the defendant in the decision of sentencing is not somewhat weak, and that a serious result of death occurs, etc. is disadvantageous to the defendant.

(b) however,

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