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(영문) 춘천지방법원 원주지원 2016.01.13 2015고단909

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On August 13, 2015, the Defendant driven the above taxi at around 23:40 on August 13, 2015, and proceeded to turn to the left from the gate of the art center in the city of Won-si to the second apartment room in the city of Han-si.

Since a crosswalk is installed on the front side, there is a duty of care to confirm whether there is a pedestrian by reducing the speed and by properly examining the right and the right of the front side of the vehicle, and to safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, received the parts of the victim G (50 years of age) and the part of the victim H(58 years of age) crossing the crosswalk from the right-hand side of the course to the left-hand side, which were the front-hand part of the Defendant’s car.

Accordingly, the Defendant caused the death of the victim G by occupational negligence on August 17, 2015, at the Won-si Hospital in the Won-si, Seoul Special Metropolitan City, 20, which was under the treatment for transmission, to the death of the victim G due to the suspension of acute pulmonary pulmonary treatment, etc., and suffered injury to the victim H by the need for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A survey report on actual conditions;

1. A death certificate and each medical certificate;

1. Application of statutes on site photographs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a professional and a dental doctor), Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of a professional and a dental doctor);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines do not apply to offenses with the reason of sentencing Article 62-2 of the Criminal Act, since the order to provide community service and attend lectures is an ordinary concurrent offense.

Along with reflectivity, previous convictions of fines, accidents at crosswalks, and death of victims, the result has occurred.