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(영문) 수원지방법원 평택지원 2015.08.20 2015고단848
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 driving of B-ro taxi.

On November 17, 2014, the Defendant driven the above taxi on November 17, 2017, and made it left left to the left from the direction of the middle school distance at the intersection of the public training place at the Pyeong-si 4-ro of Pyeongtaek-si.

At the same time, there is an intersection with a signal, so the driver of the motor vehicle has a duty of care to prevent the accident by safely driving the motor vehicle according to the traffic signal by reducing the speed and keeping the front door well.

Nevertheless, the Defendant neglected this and did not stop to turn to the left while the signal was changed to a stop signal, and found the victim C (I, 71 years old) who was crossing the bed crosswalk late, and was working to avoid this, but did not stop, and received the victim as the front part of the above taxi.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, which requires at least 20 weeks of medical treatment, such as bovine spongiform encephalopathy and cerebral cerebral cerebral cerebral le, and caused the victim to death on June 17, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Determination on the application of sentencing guidelines of Article 62-2 of the Criminal Act for sentencing of Article 62-2 of the Social Service Order: The scope of recommending sentencing guidelines of applicable O: consideration of all the circumstances, such as the fact that no criminal records exist since August 2 (Death resulting from Traffic Accidents) in the basic area (from August 1 and June) of the type of general traffic accident (from August 1999), subscription to taxi mutual aid, and the fact that the victim paid 20 million won to his bereaved family prior to the death of the victim;

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