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(영문) 광주지방법원 해남지원 2019.01.31 2018고단439
교통사고처리특례법위반(치사)등
Text

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

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On November 7, 2018, the Defendant driven the above taxi at around 07:00, and went to the safety zone installed on the right side of the road in order to walk up to the front of the D resting area located in the Donnam-do C from the front-do D resting area to Dluri-do. In order to walk up to the front-do guard, the Defendant moved to the safety zone installed on the right side of the road to walk up to the front-do guard.

At that time, there was a place where a safety zone of yellow-ray was established, so there was a duty of care to prevent accidents in advance by driving a driver without harming the safety zone.

Nevertheless, due to the negligence of neglecting this, the Defendant, caused the damage to the safety zone, and led the victim E (the 64 years old) driving in the same room in the front part of the F Poter Cargo in the same room.

Ultimately, the Defendant caused the above victim E to die due to the cardiopulmonary pressure of the heart in its workplace by occupational negligence, and suffered injury to the victim G (the 57 years old), who is the passenger of the victimized vehicle, for seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Reporting on the occurrence of a traffic accident;

1. The actual condition survey report;

1. On-site photographs;

1. Photographs of the deceased and the deceased;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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