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(영문) 대전지방법원 천안지원 2019.05.02 2018고단2923

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 engaging in driving a rocketing taxi.

On November 2, 2018, the Defendant driven the above taxi on November 2, 2018, and turned to the left-hand turn in order to proceed to the opposite lane while driving the two-lane road in the front of the D in Seoan-gu, Seoan-gu, Seoan City, Seoan-si C along the opposite direction.

At this point, since the center line of yellow-ray is installed, there was a duty of care to prevent accidents in advance by safely internshiping at the permissible point of U.S. as a person engaged in driving service.

Nevertheless, the Defendant neglected this and got the victim to go beyond the road by taking the front side of the unregistered motor vehicle driven by the victim E (V, 63 years old) who was driving along the two-lanes of green signals due to the negligence of the drivered in the center line.

Ultimately, on November 7, 2018, the Defendant caused the victim's death by occupational negligence in G Hospital located in the Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Seoul to cause the victim's death.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to field photographs and taxi stuff photographs;

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines, the case where illegality is serious in the category 2 (person under special circumstances] (the case of death of a traffic accident), the proviso (excluding subparagraph 8) of Article 3 (2) of the Special Education Act, or the case of a climatic driving (the scope of recommendation] aggravation area (one year or three years);

2. A traffic accident occurred due to the full negligence of the Defendant’s decision of sentencing, and the victim died.

The victim has been living alone with her husband for about 20 years before 20 years before her husband and her husband, and her husband and her husband have been living alone.