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(영문) 의정부지방법원 2020.05.19 2019고단5950
교통사고처리특례법위반(치사)
Text

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

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 driving of a taxi for business use B.

On September 21, 2019, the Defendant driven the above taxi at a speed of 100-101km each hour in the direction of the required mountain basin, depending on the two-lane roads in the direction of the required mountain basin from the du river basin.

At that time, a signboard is installed at a speed of 60 km per hour, a person engaged in driving service shall observe the speed limit, thoroughly operate the steering system, brakes and other devices of the vehicle, shall accurately operate the steering system, the steering system of the vehicle, the steering system of the vehicle, and the structure and performance of the vehicle, shall not be driven at such a speed or in such a manner as to cause any danger and injury to others, and there was a duty of care to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding about 40 km per hour, and was negligent in driving the Defendant’s driving taxi on the part of the victim D(88 years old) who crossed the right side from the left side of the taxi to the right side, and received the front part of the driver’s seat of the said taxi.

In the end, the Defendant caused the victim's death by such occupational negligence at the emergency room of Fa Hospital E in the 10:02 Gyeonggi-si Government of the Republic of Korea on the same day due to excessive transfusion during the transmission.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to G;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Requests for appraisal, reports on investigation, and results of requests for speed appraisal;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes on accident site map and accident site photograph;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The types of recommendations according to the sentencing criteria.

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