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(영문) 대구지방법원 2016.06.09 2016고단1252

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the duty of driving B rocketing taxi.

On August 23, 2015, the Defendant driven the above taxi on August 23, 2015, and driven the road front of the Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu, with the distance from the street to the full four distance from the street of Nowon-gu.

At the time, the speed of the place of accident is 70 km per hour, so there was a duty of care to keep the speed of restriction on drivers and drive safely by checking the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded with the speed of more than 32 km, and neglected the duty of the front line, which led to the Defendant’s failure to neglect the duty of the front line to the right side of the vehicle running by the Defendant, and the victim C who crossed the road to the right side of the road.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim, who was receiving medical treatment at a multi-functional college movable property hospital located in Junggu-gu, Daegu-gu, and caused the death of the victim on August 23, 2015, by cutting back cage at around 22:18.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on internal investigation (with respect to the verification of image data on boomed vehicles) and report on internal investigation (the first reporter D telephone statement);

1. Response to a request for appraisal;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] is that the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage, and that there is no punishment (including a serious effort to recover damage) [the decision of the sentence] [the victim caused the death of the victim due to the instant traffic accident, but the victim was also at considerable fault.