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(영문) 부산지방법원 2019.05.22 2019고단1239

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for 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 driving of Bchip taxi.

On February 24, 2019, the Defendant driven the above taxi at around 01:40, and driven the knife from the direction of the knife distance along the two-lanes in front of the D Hospital located in Young-gu, Busan.

At night, in such a case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and proceeded without fault, and thereby, got the victim E (the 37-year-old) who illegally crossed over the median zone from the left side of the direction of the Defendant’s proceeding to the front part of the taxi in front of the Defendant’s driving.

Ultimately, around February 25, 2019, around 11:25, the Defendant caused the death of the victim due to the occupational negligence in Busan National University Hospital, which was located in 179, Seo-gu, Seo-gu, Busan, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual survey report and the statement of traffic accident;

1. A death certificate;

1. Application of each statute on photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendations on the sentencing guidelines] - Special mitigation area (two to one year) for types of general traffic accidents (the death of traffic accidents) - Special mitigation area: In the event that there is considerable negligence on the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage) / [the decision on the suspended sentence] victim's death and the result is significant.

However, the attitude of the defendant to recognize and reflect the crime seems to be.

Even though the central separation cost is separately established, there is a substantial negligence on the occurrence of accidents or the expansion of damage to a victim who crosses without permission.