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(영문) 부산지방법원 2018.10.31 2018고단3797

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

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

On March 31, 2018, around 09:16, the Defendant proceeded at a speed of about 104.6 km from the direction of the city to the Kimhae Airport, along with a four-lane road in front of the Geumho Village located in the 2-dong of Gangseo-gu Busan Metropolitan City, Busan Metropolitan City on March 31, 2018.

The location has turned on emergency lights for reasons of indeption, the cargo vehicle was parked in two lanes, and the restricted speed is 70 km every hour, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the vehicle line and the restricted speed and by accurately operating the steering gear and the brake system.

Nevertheless, the Defendant neglected this and found the victim C (60 years old) who was at the end of a stop vehicle after the previous vehicle turned into the two lanes due to the fact that the previous vehicle of the first lane was about 34.6 km at every hour, and caused the victim C (60 years old), who was at the end of the stop, just later, operated the hand hand to the left side to avoid this, but did not avoid this, and did not go beyond the ground, and did not go beyond the victim's bridge to the right side of the front cab of the said taxi.

Ultimately, around April 6, 2018, the Defendant caused the victim to die with low oxygen brain damage during treatment at the E hospital located in Busan, Seo-gu, Busan, around April 6, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Response to a request for appraisal;

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

1. The relevant 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, the reason for sentencing of imprisonment without prison labor [the scope of recommendation] [the grounds for sentencing of general traffic accidents] are contrary to the basic area (eight months to two years) [the person with special sentencing] [the decision of sentencing] [the person with special sentencing], the fact that a comprehensive motor vehicle mutual aid is subscribed.