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(영문) 부산지방법원 서부지원 2019.06.12 2018고단2788

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

Around September 23:56, 2018, the Defendant was a person engaging in driving of Bststststa taxi (hereinafter “instant taxi”); the Defendant driving of the instant taxi on September 23:56, 2018, and driving the Kimhae-dong in front of the instant taxi in front of the instant taxi driving on the direction of Kimhae-si, Kimhae-si along the two-lane speed 52 km from the long-distance side of the three-lane road. The Defendant, while driving a motor vehicle, etc., is obliged not to display images at a location visible to see the driver while driving a motor vehicle, etc. through a visual recording device such as broadcasting, etc.; at night, at night, the driver of the motor vehicle had a duty of care to safely proceed with the instant taxi driving, such as moving a video reception device and driving the front bank, but caused the victim C (the victim C (the victim of the instant case) to die in front of the instant taxi driving on May 26, 2018, by negligence and caused the victim of the instant taxi to death 10.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and an analysis report on traffic accidents;

1. A death certificate;

1. Application of accident site photographs and accident video CD-related Acts and subordinate statutes;

1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and reasons for sentencing of imprisonment without labor

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of a traffic accident (special-speed person], the mitigated element of a traffic accident: Where the injured party has gross negligence for the occurrence of a traffic accident or the expansion of damage (the area of recommendation and the scope of recommendation] mitigated area, and April through one year without prison labor;

3. The defendant who was sentenced to the punishment of this case recognized the crime of this case and repented his mistake, and the defendant has the record of committing the crime.