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(영문) 대구지방법원서부지원 2020.12.24 2020고단1683
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On April 25, 2020, the Defendant driven the above taxi on April 15, 2020, and turned down the 242 carried-over four-lane to the two-lane parks in Daegu Seo-gu, Seo-gu, Seoul, at a speed of about 40 km per hour among two-lanes in the direction of Pakistan.

In such cases, as a driver of a motor vehicle, he/she has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes while living well.

Nevertheless, due to the negligence of neglecting this, the defendant got the front part of the victim D (Nam, 79 years old) who crosses the road along the crosswalk from the left side of the running direction of the defendant to the right side of the crosswalk.

As a result, the Defendant caused the victim to die due to the above occupational negligence, such as 20:22 on the same day while receiving treatment after going to the hospital.

Summary of Evidence

1. Investigation report on the defendant's legal statement (examination of black stay images);

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a response to the signal system, and the results of DNA analysis;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the victim’s death was caused by the instant accident, etc. disadvantageously.

However, the defendant is led to the confession of the crime of this case and the mistake is divided, the victim's bereaved family does not want the punishment by mutual consent with the victim's bereaved family, the victim is also negligent in crossing the road without permission by violating the intersection signal, and the defendant has no record of being punished for the same crime.

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