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(영문) 창원지방법원 진주지원 2020.01.09 2019고단997
교통사고처리특례법위반(치사)
Text

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

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing taxi vehicle.

On June 7, 2019, the Defendant driven the above vehicle at around 1:55 on June 7, 2019, and turned the three-lane distance in Sacheon City City City into the Myeon of building E from the Myeonside to the Myeon of the building, and led to the direction of D.

In such cases, a person engaged in driving a motor vehicle has a duty of care to take care of the rear side well and to check the safety of the course and prevent accidents.

Nevertheless, the defendant did not find out the victim F (the age of 66) who crosses the lane in the right side of the vehicle of the defendant and received the victim with the back part of the vehicle of the defendant.

Ultimately, at around 15:05 on June 11, 2019, the Defendant caused the victim to die due to brain death, etc. at an ordinary university hospital located in Jinju-ro 79, Jinju-si, Gangnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of Acts and subordinate statutes, such as a fact-finding report, a map at the scene of an accident, a photo at the scene of an accident, two copies of on-site photographs, and one CD CD;

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

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 recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 2] there is no person causing a traffic accident [the area of recommendation and the scope of recommendation] [the scope of recommendation], the basic area of the punishment, and August through two years without labor;

2. The sentence of sentence results in the death of the victim due to the defendant's gross negligence in driving, the degree of the defendant's gross negligence in driving the traffic accident in this case, the degree of the victim's walking negligence, the bereaved family's failure to receive a letter from the bereaved family, the membership in the taxi mutual aid association, the deposit of KRW 20 million with the agreement amount, and the fine shall be imposed once.

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