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(영문) 수원지방법원 성남지원 2016.02.04 2015고단2911
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of a private taxi in C.

On August 14, 2015, the Defendant driven the above taxi on around 09:32, and proceeded at about 60km from the Seoul (Yulsan Sck) to the 5-lane, along the five-lane roads near the hot spring village bus stops located south of the Southern-si.

At the center of a road, a bus stop was installed and there was a crosswalk connected to the bus stop. In such a case, a person engaged in driving service has a duty of care to safely drive by checking whether there is a person who gets on the right and the right and the right of the bus.

However, the defendant did not discover the victim D (the age of 84) who cross the crosswalk without permission from the left side due to the negligence of neglecting this, and did not discover the victim D (the age of 84) and went beyond the road on the front side of the above taxi operated by the defendant.

As a result, the Defendant caused the damage by occupational negligence to die of the diversary and the re-diverosis due to the divessis, etc. at the Gangseo-dong Hospital around 05:05 on the 15th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

2. A traffic accident report (the actual survey report);

3. Application of Acts and subordinate statutes, such as a black stuff photograph and a death diagnosis report;

1. Determination of a sentence of imprisonment without prison labor shall be made by taking into account the following: (a) the reason for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; (b) Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act; and (c) the fact that the result of the death of the victim is very significant; and (d) the victim’s bereaved family does not agree with the victim’s bereaved family members; (b)

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