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(영문) 대구지방법원 2015.02.05 2014고단5387
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a rocketing taxi vehicle.

On February 6, 2014, at around 07:18, the Defendant driven the above taxi and got three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of the Central Highway, which is located in the area of the aptitude of the Chungcheongnamyang-gun-gun, the Defendant was the front part of the Defendant’s taxi in front of the Defendant’s driving, by negligence in the course of business where the Defendant neglected his/her duty of front left-down due to driving, but failed to properly operate the steering direction and the system of operation, while driving the truck in the front.

Ultimately, the Defendant caused the death of the victim E (V, 60 years of age) who was on board the head of the taxi driving by occupational negligence as above, and caused the death of the victim F (V, 52 years of age), who was on the back seat, to suffer serious injury that requires 12 weeks of medical treatment, such as provokinging out of the back and the multi-faced dives of the inner cover, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim (C) and postal service protocol (F);

1. Protocol of inspection (E);

1. A medical certificate (F);

1. Application of each traffic accident report (on-site survey report and accident site map), and statutes governing the site photographs of traffic accidents;

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

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

1. Selection of alternative imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service caused the instant accident while driving a taxi driver who is obligated to be responsible for the safety of passengers. The occurrence of serious injury, such as the death of one victim and the name of one victim, was serious. The Defendant’s liability for the crime is not easy.

However, the fact that the defendant repents and reflects the wrong, and the driver's vehicle is driving.

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