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(영문) 서울북부지방법원 2014.06.10 2014고단683
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a taxi driver belonging to B (ju) who is engaged in driving a CNF station or other taxi driver.

On December 16, 2013, the Defendant driven the said car at a speed of about 88 km per hour from the 3-lane of the “Gangyang-gu Road” located in the 156-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul, at a speed of about 18 km per hour from the 3-lane of the “Gangyang-gu Road”.

At night, the passage was narrow at night, and the speed of the above road is 60 km speed, so the person engaged in the vehicle driving duty is at a speed below the speed limit, and the person engaged in the vehicle driving duty has a duty of care to prevent accidents from smoke and safely drive the vehicle by accurately manipulating the steering and steering system by properly examining the right and the right and the right of the road.

Nevertheless, the defendant did not look at the front side of the vehicle at a speed of more than a limited speed and did not discover the victim D(57 years old) who was standing the road on the right side from the left side of the defendant's moving direction, and did not go beyond the road by obtaining the victim from the front side of the vehicle.

Ultimately, the Defendant caused the death of the victim on December 16, 2013, when he was sent back to the hospital due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

1. A written result of autopsy and postmortem examination;

1. A comprehensive analysis of traffic accidents;

1. Each photograph;

1. Accident video CDs;

1. Application of Acts and subordinate statutes to a criminal investigation report (including a statement by a reporter, an accident video CD, traffic accident analysis, notification of speed violations, etc.);

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. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. Scope of punishment by law: Five years;

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