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(영문) 춘천지방법원 2014.05.29 2013고단1054
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Cstststa taxi.

On August 25, 2013, the Defendant driven the above taxi on August 25, 2013, and led to the left turn to the left from the Chuncheon District Court to the seat of the apartment complex of Friju-ro 8 apartment complex.

At that time, there is a night and a three-distance intersection without signal, so a person engaged in driving service has a duty of care to temporarily stop and properly see the front and rear left, and to make a left turn without impeding the passage of other vehicles.

Nevertheless, this part of the E-learning car driven by D (25 years of age, n) which was driven by the Chuncheon District Court at the seat of the master's length distance by negligence on the left left as it is, was received from the defendant's back side side of the taxi.

Ultimately, the Defendant caused the death of the victim F (the 37 years of age) who was accompanied by the Defendant’s taxi due to the above occupational negligence due to the boness of wood and the damage of trees, etc. at G hospital treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. An accident-related photograph;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [decision of a sentence] : The reason for the suspension of sentence under Article 62(1) of the Criminal Act - The general traffic accident (special person resulting in death of traffic accident) - [including efforts to recover damage] the mitigated area / [decision of the recommended area] April - 10 [the scope of the recommendation area] / The main reason for the suspended sentence - Where negative death or serious injury has occurred or where significant danger to life has occurred due to escape, the main reason for the suspended sentence - the positive reason for the failure of punishment - the reason for the suspension of sentence : the general participation.

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