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(영문) 전주지방법원 2017.08.08 2017고단812

교통사고처리특례법위반(치사)

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 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 operation of B rocketing taxi.

On January 25, 2017, the Defendant driven the above taxi at around 04:52, while driving it, 3-lanes from the 4-lanes in front of the stadium southwest-gu, Seo-gu, Seo-gu, Seoul, as in the white zone of the 506-lanes in front of the stadium south-gu.

At the time, there is a new wall leading up to the time, and there is a crosswalk installed with signal apparatus at the front door, so in such a case, there was a duty of care to reduce speed and prevent accidents by driving safely by checking well the front door.

Nevertheless, the defendant neglected this and found the victim C (86 ) late from the left side of the above taxi to the right side when the signal of the pedestrian on the front side of the above taxi is red, and had the victim go beyond the road by taking the body of the victim in front of the above taxi.

Ultimately, the Defendant caused the victim’s death due to the foregoing occupational negligence due to the cerebral cerebral cerebralop, cerebral side, and cerebral pressure at the former University Hospital, which was located in 20, 19:54, the former North Korean University Hospital prior to the same day, due to traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. Reporting of a traffic accident (1) (2);

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. Where there is an agreement with the injured party on the reason of sentencing Article 62-2 of the Criminal Act Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution of Selection of Alternative imprisonment without prison labor, the following circumstances are considered: (a) the injured party has also joined the mutual aid association; (b) the accused has no criminal record of the same type; and (c) the circumstances and result of the instant accident