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(영문) 대구지방법원 2014.05.01 2014고단971
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 driving of Cro-cab.

On December 4, 2013, the Defendant driven the above taxi on December 20:15, 2013, and led to a four-lane road in front of the Gyeongsan-do in the middle of the Gyeongsan-do, Busan-do, at about 30km from the middle of Daegu-do to the middle of the Gyeongsan-do.

At night, there was a crosswalk where signal lights are installed at the front door, so it was confirmed whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle, and there was a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim D (the age of 51) who crosses the crosswalk from the left side of the defendant's taxi to the right side in accordance with the pedestrian safety due to the negligence that the defendant got alone to board a guest waiting for a taxi at the bus stop, even though the signal is changed to the stop signal, and caused the victim D (the age of 51) who crosss the crosswalk from the left side of the taxi to go beyond the ground.

As a result, the Defendant caused the death of the victim, such as a parosis, while receiving treatment from a F Hospital located in the Sinsan-si in the Sinsan-do on January 16, 2014, around 22:25.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

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

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of an order to attend a compliance driving lecture [decision of a type] for general traffic accidents in the course of traffic accident (the death of a traffic accident): The factors for mitigation of punishment (including serious efforts to recover damage): the proviso of Article 3(2) of the Special School Traffic Regulations.

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