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(영문) 대전지방법원 2017.08.10 2017고합54
교통사고처리특례법위반(치사)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a taxi for K5 business purposes.

On August 23, 2016, the Defendant driven the above taxi on August 23, 2016, and led to the left-hand turn at about 79 km from the four-lane distance from the original village to the parallel of the Convention Center located in the Daesung-gu X-ray.

At all times, the signal is installed, and at night, there is a duty of care to check whether a person engaged in driving service has a motor vehicle passing through the intersection by reducing the speed and checking well the right and the right of the road, and to safely drive the motor vehicle in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant neglected to make a left turn at the same speed while making a turn turn turn turn, and received the full part of the part of the victim's E-Pool car, which entered the intersection from the left side of the proceeding direction, as the front part of the Defendant's above-mentioned taxi.

Ultimately, on August 23, 2016, the Defendant: (a) caused the death of the victim D, who was receiving medical treatment at the Si University Hospital located in the Seo-gu, Seo-gu, Busan, Seo-gu, 02:45 on August 23, 2016 due to occupational negligence; (b) caused the injury of the victim FF (19 years of age) who was on board the said cab, for about two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. A death certificate or diagnosis certificate (No. 11 No. Serial of the evidence list);

1. A signal note, a response note requested for appraisal (No. 17 No. 5);

1. Application of photographs, CD 1 statute

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person causing occupational negligence), Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person causing occupational negligence);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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