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(영문) 광주지방법원 2017.05.18 2017고단313
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing taxi.

around 02:56 September 28, 2016, the Defendant driven the said taxi from each shooting distance to the intersection of the arm's length of the 269 arm's length, driving the said taxi to the intersection of the arm's length of the 269 arm's length, along the south-gu Seoul, Nam-gu.

At the time, the location is night, and the speed is 40km per hour for the road construction section. In such a case, a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit and to properly manipulate the steering direction and brake system and prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant driven a speed exceeding 21.9 km per hour by driving approximately 61.9 km per hour, and served the body part of the victim E (n, 53 years old) who was under way on the road due to negligence that did not properly live the front door on the road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging the two severe pains on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents and reports on respective traffic accidents;

1. On-site photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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

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

1. In light of the defendant's crime of this case with the reason of sentencing Article 62-2 of the Criminal Act concerning the order to provide community service and attend lectures, the liability for the crime of this case shall not be less than that of the victim.

However, it has contributed to the occurrence and expansion of damage as the defendant's act was committed against the defendant's crime, the victim was faced with the station while the victim was duplicated on the road at night, and the victim's act was contributed to the occurrence and expansion of damage, the vehicle of the defendant's driver is subscribed to mutual aid, and the bereaved family is agreed with the victim's bereaved family.

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