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(영문) 창원지방법원 마산지원 2019.10.02 2019고단679
교통사고처리특례법위반(치사)
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 becomes final and conclusive.

Reasons

Punishment of the crime

B On May 24, 2019, the Defendant, while driving the said taxi on May 24, 2019, changed the two-lane to a two-lane while driving the front road in front of the C building in the Changwon Masan-si Seoul Metropolitan City from the Masan Station to the Masan-si bus terminal at about 81km each other along the speed of four lanes.

At this place, there is a crosswalk, and the front vehicle of one-lane is a traffic signal near the crosswalk, which reduces the speed, and is stopping in the vicinity of the crosswalk, so the person engaged in taxi driving service has a duty of care to take care of the front side and the right and the right of the crosswalk, such as giving due attention to the existence of a person who gets on the crosswalk, and to prevent accidents in advance by accurately operating the steering gear and the brake system.

Nevertheless, the defendant neglected the above duty of care and found the victim D (the age of 63) late due to negligence in progress, and received the victim from the front part of the above taxi and made the victim exceeded the floor.

Ultimately, around May 24, 2019, the Defendant caused the victim's death by occupational negligence at the F Hospital located in Changwon-si E in Changwon-si, Changwon-si, Changwon-si on May 24, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes, such as cutting a black stuff image, cutting down a corpse, conducting an autopsy, and conducting traffic accident analysis;

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. The suspended sentence under Article 62(1) of the Criminal Act results from the negligence of the defendant for the reason of sentencing. On the other hand, the defendant agreed with the victim's bereaved family members, the victim's negligence also contributed to the occurrence of an accident, and the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., shall be determined as ordered in consideration

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