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(영문) 광주지방법원 2018.09.13 2018고단2905
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On April 17, 2018, the Defendant driven the above taxi on April 19:51, 2018, while proceeding about 103 km in the front of the E-lane D in Young-gun, Young-gun, with two lanes from the legal side of Young-gu to the legal side.

At the time, there is a road with a speed of 80 km per hour, and at the time, the Tracator who is driving by the victim F (68 cc) is driving along the same two lanes as the defendant on the front side of the defendant, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle so that it does not conflict with the driver of the motor vehicle by making it possible for the person engaged in driving the motor vehicle to live well on the front side, properly operating the steering direction and the brake system

Nevertheless, the Defendant neglected this and failed to properly operate the steering and brakes without properly operating the steering direction and brakes, and found at a speed exceeding 23 km a speed of 23 km a speed and delayed after the Tracker, but due to the negligence of the Defendant's taxi, he received the Track part of the victim F's Track part.

Ultimately, the Defendant suffered injury to the victim G (V, 60 years of age) who was on board the Defendant’s taxi due to such occupational negligence, due to approximately 2 weeks of medical treatment, and at the same time, the victim F was sent to the Joseon University Hospital located in 365 as the pen in Gwangju-gu, Gwangju-gu, and received medical treatment. On April 13:45, 2018, the Defendant caused death of the victim G (V, 60 years of age) due to blood disorder caused by flaging blood transfusion and flaging transfusion from the above hospital at around 3:45, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. G statements;

1. The actual investigation report on traffic accidents;

1. A response to a request for appraisal (including an attached traffic accident analysis report);

1. Protocol of inspection;

1. A death certificate;

1. A medical certificate;

1. Application of each traffic accident scene photograph and the Acts and subordinate statutes related to traffic accidents;

1. Relevant provisions of the Act concerning facts constituting an offense;

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