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(영문) 부산지방법원 동부지원 2021.01.20 2020고단2295
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

The Defendant is a person who is engaged in driving of B rocketing taxi for business purposes.

On March 24, 2019, around 02:30 on March 24, 2019, the Defendant proceeded two lanes prior to D in Suwon-gu, Busan-gu C with the east-distance distance from the west-gu, Suwon-gu.

At the time, it is night and its location was a road with a crosswalk, so in such cases, the driver of the vehicle has a duty of care to prevent the accident in advance by safely reporting the traffic situation on the front right right right right right right right right right right right right and the right right right

Nevertheless, the Defendant neglected to perform his duty in front of the taxi, resulting in the Defendant’s failure to verify the victim E ( South, 46 years old) who illegally crosses the crosswalk from the left side of the taxi on the right side of the Defendant’s taxi, thereby resulting in the Defendant’s physical congestion in front of the taxi.

Ultimately, the Defendant suffered from an injury to the victim of a sexual intercourse under the above occupational negligence, and thereby, caused the victim’s death while receiving treatment from F around June 27, 2020, around 23:11.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. Photographss and suspect A-road cambling CDs at the time of the accident;

1. Application of Acts and subordinate statutes of a death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] mitigated factors for the death of a traffic accident (special sentencing person]: Where the victim has been negligent due to considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including the area of recommendation and the scope of the recommended punishment] and the area of special mitigation [the scope of the recommended punishment], and two months through one year.

3. Determination of sentence shall be the instant traffic accident;

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