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(영문) 대구지방법원 서부지원 2018.06.21 2018고단409

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Ik5 taxi vehicles.

On October 6, 2017, the Defendant driven the above vehicle at around 22:20 on the 1902 Seo-gu, Seo-gu, Daegu, and proceeded to turn to the left at a speed of about 40 km per hour depending on the four distance range from the new four streets.

Since it is an intersection with a signal apparatus, a person engaged in driving service has a duty of care to prevent accidents by driving safely according to the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left as it was in contravention of the signal and received the front part of the Defendant’s vehicle in front of the right part in front of the Defendant’s vehicle, which was driven by the victim J(27C) (27C) who was driving in violation of the signal from the front side of the home fluor in front of the direction of the Defendant’s running.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the Daegu-gu Eastdong Hospital, Daegu-gu, where the Defendant was under treatment after around 00:10 on October 7, 2017, resulting in the death of the victim due to the cerebral cerebral cerebral injury at the 130 North Korean University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site inspections and photographs of accidents;

1. An analysis of traffic accidents;

1. CDA (Evidence No. 32);

1. Photographs of a deceased person;

1. Application of Acts and subordinate statutes of a death certificate;

1. The pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and the reason for sentencing of imprisonment without prison labor: The Defendant caused the instant traffic accident while making a left-hand turn at night in violation of traffic signal at the Ne-distance intersection, which has significant degree of violation of the duty of care, thereby causing infringement of legal interests that the victim died, and as a result, the victim’s bereaved family members suffered considerable pain.