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(영문) 창원지방법원밀양지원 2020.08.18 2020고단262
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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 of B-si.

At around 17:52 on May 4, 2020, the Defendant was driving the above taxi and continued to enter the intersection of the front private distance intersection of Gyeongnam-gun, Gyeongnam-gun, and the intersection of E1 factory from the rear side of D.

Since there is a cross-section with a vehicle signal apparatus of red flag, there was a duty of care to prevent accidents by allowing a person engaged in driving service to stop before entering the cross-section and safely enter the cross-section by examining well the right and the right.

Nevertheless, the Defendant did not stop before entering the intersection without stopping, and went from the taxi right side of the Defendant to the left side of the taxi, followed by the Defendant’s failure to comply with the signal, and led the victim to go beyond the floor by shocking the front wheel of the victim F (V, 68 years old) driving into the intersection to the front side of the Defendant’s taxi.

Ultimately, at around 00:16 on May 5, 2020, the Defendant caused the death of the victim at an I Hospital located in Daegu-gu, Daegu-gu, by the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. The application of Acts and subordinate statutes to actual condition survey reports, field photographs, reports on the occurrence of traffic accidents, seizure records, seizure lists, and death diagnosis reports;

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. It is so decided as per Disposition by the Court on the grounds of Article 62(1) of the Criminal Act (the case is without merit in that the result of the death of the victim occurred, the defendant reflects the crime in depth, the bereaved family and the bereaved family members agreed smoothly in the trial process, and other various circumstances that serve as the conditions for sentencing as specified in the records and arguments in the instant case are taken into account) or more.

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