(영문) 대구지방법원 영덕지원 2015.11.18 2015고단201

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 영덕지원 2015.11.18 2015고단201

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Cstststa taxi.

On July 20, 2015, at around 22:40, the Defendant proceeded with the 31-lane 41 national highways from the side of the daily police box to the 50km speed.

For the safe operation of passengers, a person engaged in taxi driving has a duty of care to drive a taxi after securing the performance and safety of the motor vehicle by correcting defects of the motor vehicle, such as a flaf, etc., such as a flaf, etc., through the inspection of the light motor vehicle, and at the same time, he/she has been under duty of care to reduce speed and accurately operate the flaf and the steering gear.

Nevertheless, the Defendant neglected this and received bank trees on the right side of the proceeding direction by negligence, and fell on the road below the road and moved the said taxi.

Ultimately, the Defendant caused the death of the victim E (the age of 53) who is the above taxi passenger due to the above occupational negligence, and caused the death of the passenger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. A written result of autopsy and postmortem examination;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition, a survey report, a field photograph, a photo of shots, a black scambling image, red signalling, and a report on investigation;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 189 (2) and 187 of the Criminal Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrences and selective punishment (limited to punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment of which is heavier, but the choice of fines);

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act shall be the defendant's act.

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