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(영문) 대구지방법원 포항지원 2019.05.16 2019고단151

교통사고처리특례법위반(치사)

Text

The imprisonment without prison labor for the accused shall be determined by eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On December 21, 2018, the Defendant driven the above taxi on December 17:48, 2018, and proceeded at a speed of about 60 km in the speed of Si/Eup/Myeon in the direction of the Si/Eup/Myeon office, along the two-lane roads in front of the Southern-gu C apartment at the port of Pohang-si.

In such cases, the driver has a duty of care to prevent accidents in advance by safely driving the steering gear and brakes, such as making a well-brush of the front left and accurately operating the steering gear.

Nevertheless, the defendant neglected this and found the victim D (76 years of age) who was unclaimed on the right side of the defendant's taxi at the time when the defendant neglected to take care of it, and was immediately in operation, but did not avoid it, and did not go to the right side of the defendant's taxi and got the victim to go beyond the road.

Ultimately, the Defendant caused the victim to die by occupational negligence on the 22th 05:35 of the same month, which was located in the south-gu E at the port, and the F Hospital caused the death of the victim by cerebral cerebral cerebral cerebral cerebral ty

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A survey report, a death diagnosis report, and a traffic accident analysis and appraisal report;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. A victim by negligence in driving a decision of sentence;