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(영문) 대구지방법원 2019.10.17 2019고단4310
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On June 30, 2019, the Defendant driven the above taxi on June 30, 2019, and led the Daegu Jung-gu C-ro to run the front road in the direction of the calculation-distance distance from the new Nene-gu.

At this point, there was a crosswalk where signal lights are installed, so there was a duty of care to check whether there is a person who gets involved in driving of a motor vehicle to reduce the speed and to see well the front door, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim D (the age of 47) who was the right side of the crosswalk from the left side of the taxi driving direction to be late, and caused the victim's right side part to be the top of the left side of the defendant taxi.

Ultimately, around 08:07 on June 30, 2019, the Defendant caused the said victim’s death by occupational negligence, resulting in the death of two alleys, among those being receiving medical treatment at the Jung-gu, Daegu-gu, Daegu-ro 130 Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] - The area of mitigation of general traffic accidents (including two months from or one year from the safe) - Where there is considerable negligence in causing traffic accidents or expanding damage even for the victim, the victim is not subject to punishment (decision of mitigation of punishment] - Unfavorable circumstances: The victim was killed due to the occurrence of traffic accidents by negligence of the defendant. The fact that the nature of the crime of the defendant is not easy; the fact that the crime of the defendant is not easy; the fact that the mistake is recognized and reflects; the victim crossing the red pedestrian signal is also negligent in the occurrence of the accident of this case.

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