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(영문) 대구지방법원 2016.04.07 2015고단6013
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On November 06, 2015, the Defendant driven the above taxi at a speed of 87km each hour, along the two-lanes from the long distance distance to the long distance of the E agency located in Daegu Northern-gu, Daegu, the Defendant driven the above taxi at a speed of 06:05 to the speed of 87km each hour.

At the time, it is night and its place is 60 km speed at a speed of 60 km, so in such a case, there was a duty of care to prevent accidents by complying with the speed limit, properly seeing the right and the right and the right and the right and the right and the right and the right and the right of the driver, and accurately manipulating the steering and the system.

Nevertheless, the Defendant neglected to drive a vehicle beyond 27 km per hour while neglecting the duty of her on the front side by negligence, which caused the Defendant to go beyond the road by taking the left body part of the Victim F (n, 67 years old) who was unclaimed on the left side from the right side of the running direction of the Defendant.

As a result, the Defendant caused the death of the said victim due to the sudden cerebral cerebral injury in an emergency room of the Gancheon-gu, Daegu High-gu, where the said victim was under a post-treatment treatment on November 06, 2015, following the above occupational negligence, at around 06:37, the Defendant died.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual survey and reply of the National Investigative Research Institute;

1. Application of Acts and subordinate statutes of a death certificate;

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

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

1. Where there is a substantial negligence on the occurrence of traffic accidents or expansion of damage to the victim, even though the victim is a victim of the Class 2 (Death or Injury caused by Traffic Accidents in April or October) area (special mitigation) of the sentencing guidelines;

2. The result of the death of the victim as a result of the instant crime committed by the defendant who was sentenced to sentence.

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