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(영문) 대구지방법원 의성지원 2013.12.19 2013고단268

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant was sentenced to six months of imprisonment for the crime of occupational embezzlement at the Daegu District Court on November 29, 2012, and the execution of the sentence was terminated on May 29, 2013.

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

At around 01:00 on October 7, 2013, the Defendant driven the above taxi and proceeded with the old roads (28 national highways) in front of the intersection distance (28 national highways) located in the Gyeongsung-gun, Gyeongsung-gun, Gyeong-gun, Gyeong-do, Gyeong-do.

At night and at the same time, there was a bridge at the front section of the road, which is a bend section of the one-lane road. In such a case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and the brake system according to the length of the road, and to prevent accidents.

Nevertheless, the Defendant neglected to do so and failed to perform his duty of care and thereby instead left the lane, thereby obtaining a bridge sign stone on the right side of the instant taxi as the front side of the taxi.

Ultimately, the Defendant caused the death of the victim C (V, 59 years of age), a taxi passenger, who was on the front line of the operation as above due to negligence in the course of the operation thereof, by “Seman-gun E Hospital, which is located in Sung-gun D” in the same day at around 02:30 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report and a death diagnosis report;

1. Records before judgment: Application of Acts and subordinate statutes to the defendant's legal statement and reference records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Incompetence] - The occurrence of the victim’s death result - the crime during the period of repeated crime [fluence] - The fact that one’s mistake is recognized and reflected - the victim and the victim have agreed smoothly.