(영문) 대구지방법원 2013.04.25 2013고단1869

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(영문) 대구지방법원 2013.04.25 2013고단1869

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the ESFM taxi.

On November 24, 2012, the Defendant driven the above taxi on November 17:40, and proceeded at a speed of about 60 km from the entrance and exit distance to the intersection of the village of the same city, which is located in the inspection Dong-dong, Daegu Metropolitan City.

At the time of the navigation, there was a prior vehicle in the above lane, so in such a case, there was a duty of care to accurately operate steering devices, brakes, etc. for those engaged in driving of the vehicle and to prevent accidents by driving on the right and the right and the right and the right and the right and the right of the vehicle safely.

Nevertheless, the defendant neglected this and was driven by the victim C (70 years of age) who was driving ahead of it as he was negligent, and received the back portion of the light flag driving by the defendant.

As a result, the Defendant caused the death of the victim by occupational negligence, which was caused by the shot fever from the Daegu-gu Seoul Metropolitan City D Hospital, where the victim was under the follow-up treatment at around 01:38 on February 4, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The police statement of the defendant and E;

1. A traffic accident report;

1. The actual survey report on traffic accidents;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is limited to the defendant's liability for the reason of sentencing, it appears in the trial process, such as the fact that the victim's bereaved family members have agreed smoothly with the victim, that the vehicle is covered by comprehensive insurance, that there is no criminal record of suspended execution or more, the family relationship and health conditions

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