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(영문) 수원지방법원 안양지원 2020.05.29 2020고단342
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 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 the duty of driving B rocketing taxi.

On December 21, 2019, the Defendant sent the three-lanes of the intersection of the stable distance to the 667-lanes of the Sinyang-si and the 3-lanes of the stable distance from the gymnasium boundary to the gymnasium. On December 21, 2019, the Defendant got to turn to the left at the gymnas range depending on the one-lane.

At all times, since traffic control is being performed with signal lights installed, a driver has a duty of care to safely drive in accordance with good faith and good faith for a person engaged in driving service.

Nevertheless, the Defendant neglected this and failed to turn to the left on the stop signal, and did not avoid the victim C (Nam, 23 years old) driving with DW 125 wheeled vehicle in the direction of the Defendant’s proceeding, and did not avoid the W 125 wheeled vehicle in front of the Defendant’s taxi, and caused the victim to fall off on the road.

As a result, the Defendant caused the victim to die by occupational negligence on December 21, 2019 at the F Hospital located in E in the Gu E during the period of Ansan-si sent to the accident site at the time of the accident on December 23:23, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident analysis report;

1. A death certificate;

1. Application of vehicle photographs and on-site photographs statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommendations according to the sentencing guidelines: From two months to one year (decision of type) of imprisonment without prison labor, the ordinary traffic accident [Type 2] mitigation element of traffic accident [Special Sentencing] mitigation element: The victim also has a substantial fault in the occurrence of traffic accident or the expansion of damage, the recommendation field for non-compliance with punishment, and the recommendation field.

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