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(영문) 대전지방법원 2017.11.09 2017고단3509
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 June 25, 2017, the Defendant driven the above taxi on June 25, 2017, and turned the five-lanes of the five-lanes in front of the 986 Agricultural and Fishery Market, at a single dry field, from the four-lane distance from the opposite direction to the opposite intersection of the dry field, at a speed of about 50km/h.

At the time, at night and there are crosswalks in front of the crosswalks at the time, and the vehicles were parked in front of the crosswalks at that time. In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle by safely driving the vehicle, such as checking whether there is a person who correctly operates the steering gear and the steering gear while driving the vehicle, and building the surrounding traffic conditions and the crosswalks.

Nevertheless, the defendant neglected to do so and led the victim D (the age of 76) who crosses the crosswalk from the right side of the proceeding to the left side, to the left side of the taxi of the defendant.

Ultimately, the Defendant caused the victim to die by occupational negligence on the 27th day of the same month at the Seo-gu Daejeon District University Hospital, Seo-gu, Daejeon at around 07:19, and caused the victim to die with pressure due to cerebral pressure due to the acute climatic hemopsis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. The application of Acts and subordinate statutes to a survey report on actual condition, signal cycle, scene photo of an accident, report on the occurrence of a traffic accident and suggestions for direction, direction on the report on the occurrence of a traffic accident accident, other co-data analysis table, unmanned control data management, traffic accident analysis and appraisal report, and investigation report (CCTV video confirmation report);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, and the age, occupation and age of the defendant.

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