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(영문) 수원지방법원 2018.02.20 2017고단8494
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

Reasons

Criminal facts

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

On August 31, 2017, the Defendant, at around 20:00, proceeded with the front road of the branch office of KTT 401, along with the border water in Suwon-si, Suwon-si, Suwon-si, at around 401, at the 1st national highway, at the parallel of the Seoul National Highway.

There is a place where the center line of yellow solid lines is installed, so there was a duty of care to prevent accidents by thoroughly operating the front left left left and right left by the driver of the motor vehicle, safely operating the steering system in a safe manner, accurately manipulating the steering and steering system of the motor vehicle, and to prevent accidents from occurring.

Nevertheless, the Defendant neglected this and got the front part of the EBR vehicle driven by the victim D(40 tax) driving in the opposite opposite lane when the Defendant was negligent and proceeded with the center line, and received the front part of the EBR vehicle from the right side of the said taxi.

As a result, the Defendant caused the death of the above victim by occupational negligence as brain livers, and at the same time, the Defendant suffered injury to the victim F (F, who is the passenger of the above taxi, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report and a death diagnosis report;

1. On-site photographs;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Circumstances favorable to the defendant for sentencing of selective imprisonment without prison labor shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The victim D seems to have driven over the speed limit.

The defendant's taxi operated shall be the mutual aid association of the Korean Federation of Taxi Transport Business Associations.

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