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(영문) 부산지방법원 2018.11.15 2018고단4267

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 private taxi driving service BM5.

On July 4, 2018, the Defendant driven the above taxi on July 4, 2018, and proceeded at a speed of 15 km per hour on the taxi platform from the bottom of the high level of permanent residence of Jung-gu, Busan to the port of public residence of Jung-gu, Busan.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant did not properly examine the front section of the victim C(48 tax) who was living in the center of the road due to negligence.

Ultimately, at around 02:36 on the same day, the Defendant caused the death of the victim due to damage to the climatic damage, damage to the chest pressure, etc. at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A death certificate, body photograph, postmortem report, and death certificate;

1. The application of traffic accident reports (on-site investigation reports), traffic accident statements, CCTV images for crime prevention, CDs, internal investigation reports (to attach photographs to the scene of the accident and listen to the statements of witnesses), photographs at the scene of the accident, investigation reports (in the case of reporting 112 attached thereto), investigation reports (in the case of CCTV analysis, etc.), photographs at the scene of the accident (in the case of the victim's accident), and the Acts and subordinate statutes governing vehicle black CDs;

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 stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

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

1. The application of the sentencing guidelines [the scope of the recommended punishment] general traffic accidents in the range of two types of general traffic accidents (the number of months to one year) (the victim of two months to one year) (the victim of two special mitigation) also has a considerable fault in the occurrence of traffic accidents or the expansion of damage, and the victim is not subject to punishment (the victim of two months to one year to one year to another).