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(영문) 광주지방법원 2017.02.16 2016고단5047
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C Launa taxi.

On September 23, 2016, the Defendant driven the above taxi on September 22, 2016, and proceeded along the two-lanes among three-lanes on the front side of the KB National Bank located in Geumnam-ro 219, Geumnam-gu, Gwangju-gu, Ginam-ro, Ginam-ro, Ginam-ro, Ginam-ro, Ginam-do, toward the air protection.

However, since there is frequent time for people to walk, there was a duty of care to confirm whether a person engaged in driving service has a pedestrian and to drive safely by checking well the right and the right of the person.

Nevertheless, the Defendant did not discover the victim D(72 years of age) without permission on the left side of the running direction when the Defendant was negligent in performing such duty of care, and did not discover the victim D(the 72 years of age) and shocked the victim's body by the front part of the taxi operated by the Defendant.

Ultimately, the Defendant caused the said victim by occupational negligence to die with low blood transfusion shocks caused by blood transfusions and multi-diverosiss while receiving treatment at a shipbuilding university hospital located in 365, in Gwangju-gu, Gwangju-gu, about 00:33 on the 24th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The sentencing conditions set forth in the argument of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., shall be determined in light of the major normal relation, which is deemed as follows with the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, as set forth in the order.

Normal relationship: A serious result was caused by the victim's death.

A favorable normal relationship: The victim was at fault of crossing the road without permission at night, and this negligence has a significant influence on the occurrence of accidents and the expansion of damage.

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