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(영문) 광주지방법원 순천지원 2021.03.04 2020고단1710

교통사고처리특례법위반(치사)

Text

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a taxi vehicle B K5 taxi.

On May 12, 2020, the Defendant driven the above taxi on May 11:50, 2020, and proceeding two lanes near the entrance of the village in the Southern-gun, the two-lanes of the two-lanes of the two-lane road in the direction of the Bosung-gun, and came to turn to the village of C at the three-distance intersection in front of the entrance of C, and came to turn to the left.

Since there is a intersection where the left-hand turn at the time of the signal going through, the driver who intends to make a non-protective left-hand turn at the time of the signal going through the intersection has a duty of care to check the right and the left-hand turn prior to the left-hand turn and to check the safety of the course, and to turn to the left.

Nevertheless, the Defendant neglected to make a left turn on the left, and went from the right edge to the right edge of the new village ( South, 53 years old) drive D(Ephere) drive 53 years old) with the front door of the taxi right edge of the Defendant’s driver, and led the Defendant to go to the left side of the said Poter Ⅱ.

Ultimately, the Defendant caused the death of the Victim F, who is a taxi passenger of the Defendant driving by occupational negligence as above, from the previous university hospital located in the Dong-gu Seoul Metropolitan City, Dong-gu, Gwangju Metropolitan City on the same day.

Summary of Evidence

1. The Defendant’s legal statement of traffic accident report (1) (2) The application of the deceased diagnostic certificate and the Act and subordinate statutes governing the CDs;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] the general traffic accident [type 2] the death of traffic accident (special sentencing factors] - the mitigation factors: the area of recommendation and recommendation [including serious efforts to recover damage].