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(영문) 광주지방법원 2014.11.13 2014고단3455
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving of a private taxi.

around 14:42 on August 15, 2014, the Defendant driven the above taxi and led the front road in Seo-gu, Gwangju Metropolitan City to drive along the two-lanes between the two-lanes of the wind rocking area from the ebbbbbs.

Since there are many persons crossing the road, in such a case, the driver engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering room and the right and the right and the right of the motor vehicle and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to do so and found the Victim F (78 years of age) who crosses the road to the right side of the left side of the said taxi due to his negligence and did so, and was able to immediately drive the road, but did not reach this, and was faced with the victim’s right side body part in front of the right part of the said taxi.

Ultimately, the Defendant suffered from the victim’s Damoptympology due to the foregoing occupational negligence, and caused the death of the victim by an excessive departure from a pre-nam University Hospital in Gwangju Metropolitan City-ro 42, Dong-gu, Gwangju Metropolitan City, at around 10:55 on the following day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes described in the initial action against the traffic accident site, the traffic accident report, and the death diagnosis report;

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. The scope of recommendation of the grounds for sentencing under Article 62-2 of the Criminal Act: The area where general traffic accident reduction is limited to the range of punishment under Article 62-2 of the Criminal Act: April to October, the result of the victim’s death is very serious; however, the victim’s death was agreed smoothly with the bereaved family of the victim; the accident in this case occurred concurrently with the victim’s negligence; and there is no criminal history exceeding the fine of the defendant.

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