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(영문) 대전지방법원 2015.10.22 2015고단2134
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing taxi.

On March 11, 2015, the Defendant driven the above taxi on March 7, 2015, and driven the Fanche in Daejeon-gu E and the three-lane roads in front of the Daejeon-gu, Daejeon-gu, toward the four-lane distance flooding area, led to about 20km each hour according to the speed of 20km.

Since it is an intersection with a signal apparatus installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant discovered that there was a guest waiting to wait for a taxi on the opposite side of the opposite lane, and found that there was an illegal sprinking negligence, the Defendant sprinked the front part of the two-wheeled wing GL1800 two-wheeled vehicle in the direction of the right side of the said taxi.

The Defendant immediately caused the death of the victim at the same place of work due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes on traffic accident analysis and replies;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] Traffic Crime Group, General Traffic Accidents (Type 2), mitigated area, joining a mutual-aid association for the first time from April to October of the imprisonment without prison labor (decision of sentence], joining a mutual-aid association for the second time, non-existence of punishment on the part of the victim, clear social relationship between the victim and his serious reflectivity

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