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(영문) 대구지방법원 2017.11.16 2017고단5129
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

On April 30, 2017, the Defendant driven the above vehicle on April 30, 2014:45, and led the 673 kinds of the four streets to the compensation of the State bond in Daegu-gu, Daegu-gu, to proceed in the direction of the new intersection from the center of the four streets.

A person who drives a motor vehicle as his/her duties shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and has a duty of care to prevent accidents by driving the motor vehicle while properly considering the traffic conditions at the right and right.

Nevertheless, the Defendant neglected this and found the victim C who is crossing the crosswalk in the right-side direction at the left-hand side of the running direction of the above-mentioned vehicle, after the pedestrian signal was redly found later, and shocked into the front part of the left-hand side of the above-mentioned vehicle.

As a result, the Defendant had the victim receive treatment at the D Hospital located in Daegu North-gu, and caused the victim's death on June 27, 2017 due to the heart transfer around 07:54.

Summary of Evidence

1. Statement by the defendant in court;

1. An analysis of each traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Optional to Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Reasons for sentencing unfavorable to the victim of the instant accident: (a) the occurrence of a traffic accident occurs; (b) the victim was negligent in causing a traffic accident; (c) the fact that the Defendant separately agreed with the bereaved family members of the victim in addition to being admitted to the Financial Cooperative; and (d) the fact that the Defendant is the primary offender and is against the crime; and (e) other factors indicated in the pleadings of the instant case, such as the Defendant’s age, sex behavior, environment, motive and circumstance of the crime; and (e) the circumstances after the crime.

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