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(영문) 대구지방법원 서부지원 2017.09.20 2017고단1719

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 the operation of CNF rocketing taxi.

On June 12, 2017, the Defendant driven the above taxi at a speed of about 116 km per hour from the 3-distance bank of the arboretum at the 5-lane of Jincheon-gu, Seocheon-gu, Seocheon-gu, Taecheon-gu. The Defendant proceeded at a speed of about 116 km per hour from the 4-distance bank of the arboretum.

Since the location is 60km per hour and the signal apparatus is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle according to the signal and the speed and prevent the occurrence of the accident.

Nevertheless, even if the defendant neglected the duty of her front-way and changed the cross-signal signal to yellow, the defendant's failure to go beyond 56 km speed, caused the victim D (26 )'s bicycle left-hand side from the right-hand side of the taxi to the left-hand side of the taxi in the course of the taxi's running on the crosswalk, in violation of the signal.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on June 13, 2017, at the Daegu-gu Seoul-gu Two Park, Daegu-gu, 17:3 times, and caused the death of the victim due to the cerebral cerebral cerebral cerebral typhism in the treatment at the Daegu-Tol University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Signals of a signal system, report on investigation (transport report by the Authority), notification on the results of traffic accident analysis, investigation report (information on the identification ofCCTV images and on the distance from which the suspect reported yellow signal, etc.);

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is yellow during the continuous operation of the defendant at a speed of 116km from the section of 60km.