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(영문) 수원지방법원 2017.10.18 2017고단4665
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for two years.

Reasons

Punishment of the crime

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

On June 4, 2017, the Defendant driven the above taxi at a speed of about 90km from a speed of about 90km in the direction of the water mid-distance from the direction of the sperm shooting distance to the three-lane road in front of the 3-lane d in Suwon-si, Suwon-si, Suwon-si.

At the time, at night, the crosswalks and the yellow on-and-off signal, etc. are located at the speed of 60km, and thus, in such a case, there was a duty of care to safely drive a motor vehicle to prevent accidents in advance by checking whether there is a person driving the motor vehicle by complying with the speed limit and by checking the road well.

Nevertheless, the defendant neglected this and proceeded about 90 km in speed exceeding 30 km, and did not look at the front side of the defendant's moving direction, and did not discover the victim E (24 cm) and received the victim E from the defendant's taxi in front of the taxi.

Ultimately, the Defendant caused the death of the victim E from the above occupational negligence by cutting down two alleys, etc., and suffered injury to the victim FF (5 years old) who was aboard the Defendant’s taxi, such as salt, tensions, etc. in need of approximately two weeks’ medical treatment, and suffered injury to the victim G (47 years old) in need of approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes (F, G) concerning the actual condition of traffic accidents, on-site photographs, etc., death certificates, autopsy records, autopsy records, and medical certificates;

1. Article 3 (1), Article 3 (2) (proviso) 3 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense (the occupation, death or bodily injury)

1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Death or Injury) are crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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