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(영문) 부산지방법원 동부지원 2019.09.04 2019고단853
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two 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 engaged in driving a taxi vehicle B.

On March 20, 2019, at around 05:35, the Defendant made a turn to the left-hand turn from the home-plug distance located in the west-gu Busan Shipping Daegu to C in the west-do.

Since a place is an intersection with signal apparatus installed, there was a duty of care to prevent accidents in advance by driving safely, such as a person engaged in driving a motor vehicle, by taking the front door and left door well, complying with signal signals, etc.

Nevertheless, the defendant neglected this and neglected to turn to the left in violation of the signal, and received the E-on of the victim D(58 years old) who was placed under the new name from the e-mail on the e-mail of the e-mail from the e-mail station of the e-mail station to the right part of the e-mail vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day due to a diversified damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) (2);

1. Statement on the occurrence of a traffic accident;

1. Protocol of inspection (D);

1. A scene of an accident and photograph of an accident vehicle;

1. A dead body of a traffic accident;

1. Each internal investigation report (with respect to a witness G's search for identification, etc. of images of a taxi track);

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of an autopsy report);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [Special Aggravationd]: The factors of mitigation of punishment: The recommended area and the recommended area where illegality in Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is more severe.

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