logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.01.17 2017고단5744
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

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

On September 3, 2017, the Defendant driven the above taxi around 05:10, and proceeded along the three-lanes in the direction of the border crossing from the direction of the repair intersection to the intersection of the government. The Defendant driven the above taxi at around the 62-lane Busan Jung-gu Office.

At this point, traffic signals and crosswalks have been installed, so in such a case, the driver had a duty of care to observe the signal to the person engaged in the driving duty, and to safely drive by checking whether there is a pedestrian who has a cross-road walk.

Nevertheless, the Defendant, even though a vehicle stop signal, proceeded on the left side of the said taxi driving direction, followed by the victim D (Woo, 80 years old)'s body on the right side of the crosswalk which was dried up by pedestrians' signals, with the right side of the above taxi driving direction, and had the victim go beyond the road floor.

Ultimately, around September 5, 2017, around 06:17, the Defendant caused the victim’s death by occupational negligence by using a acute marry disorder caused by the cryposis in Busan University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A report on investigation (with respect to black stuff images);

1. Application of Acts and subordinate statutes to death certificates;

1. The relevant legal provisions of criminal facts, Articles 3(1)1 and 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor / [the scope of the recommended punishment] general traffic accidents where the illegality in the aggravated area (one year to three years) (excluding special aggravated persons) [excluding subparagraph 8) of Article 3(2) proviso (excluding special aggravated persons] of the special law, is serious, or in the case of bad driving (the decision of sentence] of the defendant reflects his/her mistake, there is no record of criminal punishment after 1970, there is no comprehensive motor vehicle insurance policy, there is no signal apparatus.

arrow