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(영문) 춘천지방법원 강릉지원 2019.04.26 2019고단93

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in rocketing taxi driving service.

On October 1, 2018, at the same time as the East Sea, the Defendant driven the above vehicle on the four-lanes prior to the bus terminal in the East Sea, which was located in 5443 as of October 1, 2018 in the East Sea, and continued the vehicle at the speed of 56.4 km in the direction of the celebsp. 7 national highways, along with three-lanes in the direction of the celebsp.

At the time, as a night, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately operating the brakes and steering gear while driving the brakes and steering gear.

Nevertheless, due to the negligence that the Defendant did not neglect to see the front bank, the part of the victim C (the 67 years old) who illegally crosses the road in the right direction from the left side of the front bank of the Defendant’s vehicle was taken as the front part of the Defendant’s vehicle, thereby allowing the victim to use it on the floor.

Ultimately, the Defendant caused the death of the victim due to the suspension of cardiopulmonary function at the same place on the same day, around 02:31 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning traffic accidents, reporting on the occurrence of traffic accidents, actual condition investigation reports, and photographs related to traffic accidents;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (it does not state the error of a victim who illegally crosses a eight-lane road from the new wall, the defendant is the primary offender, is covered by a comprehensive insurance, and is agreed with the bereaved family);