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(영문) 대전지방법원 홍성지원 2014.09.02 2014고단410

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

On May 14, 2014, the Defendant driven the above taxi on May 11:35, 201, and led the two-lanes of the two-lanes around the Hongsung-gun Hong-gun Hong-si, Hongsung-gun, to drive the two-lanes of the two-lanes in the direction of the city, depending on the 80km of the tunnels, from the boundary of the Goosung-gun, the two-lanes of the roads.

At the time, there was a vehicle on the front side of the defendant, so in such a case, the person engaged in driving service has a duty of care to maintain the safety distance with the front vehicle, to accurately operate the steering gear, and to prevent the collision with the front vehicle.

Nevertheless, the Defendant failed to give a full view to the wind that operates the navigation in the above taxi, and was driven by the victim C(78 years of age) who was driven by the Defendant at the front of the train at the time, and received the back part of the left-hand part of the cargo loaded by the victim C(78 years of age) who was driven by the Defendant as the front-hand part of the above taxi.

As a result, the Defendant caused the victim by the above occupational negligence to die with an external shock by an external shock from the Yeongdeungpo-gu Hospital of the Young-gu Medical Foundation, which is located in the 8-ro, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 15:24 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant's mistake is recognized and reflected in depth, the vehicle driven by the defendant is covered by a comprehensive motor vehicle insurance, and the defendant's bereaved family members do not want the punishment of the defendant, and the defendant is subject to a minor fine on one occasion due to the crimes of eficial crimes.