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(영문) 창원지방법원 진주지원 2014.08.26 2014고단712
교통사고처리특례법위반
Text

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

except that 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 B-ro taxi.

On April 25, 2014, the Defendant driven the above taxi on April 23:4, 2014, and proceeded at about 110km from the side of the Jin Total Stak Stak Stak, the speed of the four-lane road located in Jin-si 307, Jin-si, Jin-si, to the intersection of the Corporation, at a speed of about 30km.

At the time, night and its location limit is 60 km per hour, so there was a duty of care to check whether a person engaged in driving of a motor vehicle complies with the restricted speed and sees it well, and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and failed to look well before, and failed to discover the victim C (54 years of age) who satising the above road on the left side of the taxi driving by the speed of about 110km per hour when the speed exceeds 20km a speed of 10km or more per hour, and received the victim's body skill in front of the above taxi.

Ultimately, around April 26, 2014, around 01:34, the Defendant caused the victim to die in an emergency room of the Gyeongnam University Hospital located in Jinnam-ro 79, Jinju-si due to the scopic damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) (2);

1. An accident-related photograph;

1. A death certificate;

1. Report on internal accidents (for statement on telephone conversations of a shote);

1. Application of Acts and subordinate statutes to investigative reports (referring to the speed of road on which accidents occur);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Selection of imprisonment without prison labor concerning criminal facts;

1. There are extenuating circumstances such as: (a) the reason for the suspended sentence under Article 62(1) of the Criminal Act is that the victim died and is serious as the result of the damage; and (b) the speed of the limitation exceeds 50 km per hour; and (c) the Defendant’s negligence is serious.

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