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(영문) 제주지방법원 2019.06.13 2018고단2989
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

At around 03:00 on November 11, 2018, the Defendant driven the above taxi and driven the three-lane road in front of the D in Jeju City, along with one-lane from the direction of the luminous distance.

At the time, there are nights, and there are crosswalks where signal lights are installed at front of the night, so in such a case, there was a duty of care to safely drive a motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as reducing speed and thoroughly checking whether there is a person driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim E (the 55 years old) who unclaimed from the right-hand side of the course to the left-hand side due to the negligence of proceeding without neglecting it, and did not discover the victim E (the 55 years old) and got the victim's body above the left-hand part of the above taxi and went beyond the ground.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the cerebral cerebral cerebral cerebral cerebral cerebral cerebral eption, etc. of the G Hospital located in Jeju-si F, around November 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the occurrence of a traffic accident, report on the scene of the accident, report on a traffic accident, report on internal investigation (Attachment of a black stuff image), taxi boom-fluor photograph, death certificate, death certificate, changer photograph, and taxi bluor video CD;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is committed by the victim’s bereaved family members, which resulted in the death of a pedestrian who has dried the crosswalk, and the crime is not easy to be committed, and the victim’s bereaved family members are expected to suffer significant pain.

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