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(영문) 대전지방법원 2017.05.19 2017고단759

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On December 27, 2016, the Defendant driven the above taxi on December 27, 2016, and driven the two-lane road in front of the Bomun high school located in Daejeon Samsung-dong, Daejeon, at a speed of about 66km from the present rocks to the Samsung-dong.

In such cases, the driver has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and went on as it is, by negligence, turned the bicycle on the left side of the running direction to the right side of the crosswalk without signal lights, and turned off the part of the bicycle right side of the victim D (n, 49 years old) driving on the right side of the Defendant’s vehicle with the front part of the left side of the Defendant’s vehicle.

Ultimately, around December 31, 2016, around 14:13, the Defendant caused the death of the victim due to the above occupational negligence by brain cerebral ties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The grounds for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment for Criminal Facts and Article 268 of the Criminal Act [the scope of the recommended punishment] [the grounds for sentencing] that there is no person [the person who is subject to special sentencing] in the basic area (8 months to 2 years) [the person who is subject to special sentencing] [the decision of sentence] reflectivity, the degree of negligence of the defendant, the degree of negligence of the defendant, the fact that the person was admitted to a deduction, the fact that there is no same criminal history,