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(영문) 대구지방법원 서부지원 2019.01.18 2018고단1357

교통사고처리특례법위반(치사)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is driving a rocketing taxi.

On March 8, 2018, at approximately 00:40, the Defendant continued the front road D in Daegu-gu C, Daegu-gu, about 50km at a speed of about 50km, according to one-lane between the two-lanes of foreign exchange bank and the four-lanes of foreign exchange bank distance.

In such cases, a person engaged in driving duty has a duty of care to reduce speed and drive safely by properly examining the right and the right of the road and the right and the right of the road.

Nevertheless, by negligence, the Defendant neglected this and proceeded without properly examining the right and the right and the right and the right and the part of the bridge of the victim E (F) who was driven by the Defendant from the right and right side of the above taxi to the left side of the si, went beyond the floor by taking the above si as the si, and caused the victim to death by cerebral blood in the H hospital located in Nam-gu, Daegu-gu, Daegu-si, Seoul, on April 12, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident actual investigation report, and a photograph of the accident site;

1. Statement of the enemy;

1. An analysis of traffic accidents;

1. The application of Acts and subordinate statutes concerning photographs, death certificates, and postmortem records of deceased and deceased persons;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. In full view of all the circumstances, including the fact that the result of damage, such as the death of the victim for the reason of sentencing under Article 62(1) of the Criminal Act, the following: (a) the Defendant recognized his mistake and reflects against the victim; (b) the agreement with the bereaved family members of the victim; (c) the vehicle is affiliated with the IF; (d) there is no criminal record exceeding the fine; (c) the victim seems to have been crossing without permission at the time of the accident; and (d)