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(영문) 부산지방법원 서부지원 2019.02.19 2018고단1812
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B rocketing taxi.

At around 21:40 on July 8, 2018, the Defendant proceeded at approximately 58 km in the direction of the subsection of C in the direction of the subsection of C with the Clock.

At the time, they are night and place at the entrance of the subway station, and in such a case, the driver of the motor vehicle has a duty of care to reduce the speed and to prevent the accident by safely driving the motor vehicle by checking well the front left.

그럼에도 피고인은 이를 게을리 한 채 전방주시 의무를 소홀히 한 과실로 좌측에서 우측으로 도로를 횡단하는 피해자 E(62세)을 뒤늦게 발견하고 위 택시 앞 범퍼로 피해자의 허리부분을 들이받아 피해자로 하여금 택시 유리창에 머리를 충격한 후 튕겨나가 땅바닥에 넘어지게 하였다.

Ultimately, at around 22:56 the same day from the above occupational negligence, the Defendant died from the emergency room of Busan University Hospital located in Seo-gu, Seo-gu, Busan to the injury of external wounds and the injury of external wounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) a report on actual condition, a report on the occurrence of a traffic accident, and a report on investigation results;

1. A death certificate;

1. Application of Acts and subordinate statutes on the scene of an accident, a photo, a certificate of inspection, and vehicle operation logs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type II (Death of Traffic Accidents) in the area of mitigation (4 to 1 year) (special mitigation) of traffic accidents according to the sentencing guidelines, the scope of the recommended punishment according to the sentencing guidelines, shall be limited to a general traffic accident;

2. The offense of this case by which the sentence of sentence is to be pronounced is to cause a traffic accident due to Defendant’s negligence in the course of performing his duties, resulting in the death of the victim.

(b).

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