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(영문) 의정부지방법원 2018.06.11 2018고단275
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On October 20, 2017, the Defendant driven the above taxi on October 20, 2011:45, and proceeded at a speed of 50km speed from the sloping distance to the central wedding distance, along the two-lanes from the sloping distance.

At the time, it was a low time and it was a road in which people have frequent traffic. In such a case, a person engaged in driving a vehicle has a duty of care to drive the vehicle safely by accurately manipulating the steering system, brake system, etc. while driving the vehicle on the front side and the left side.

Nevertheless, due to occupational negligence, the defendant neglected this and did not see the victim E (the 71-year old age) who dried the crosswalk on the right side of the crosswalk in the direction of the defendant's proceeding, but did not see the victim E (the son, 71-year age) and had the above victim go beyond the road with the front side of the taxi left of the taxi that the defendant driven.

Ultimately, the Defendant’s negligence on October 22, 2017 caused the death of the said victim at the Hanyang University Hospital, which was located in 153, Chuncheon around 12:45, Gi-si, Gi-si, Gi-si, Hanyang University (hereinafter “Sari-si”), resulting in the death of the said victim at the pressure and training end due to cerebral cerebral cerebr

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on each traffic accident;

1. Protocol of inspection;

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

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, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. Legal penalty: Not more than five years of credit cooperatives;

2. Where there is a substantial negligence on the occurrence of a traffic accident or the expansion of damage to a victim, even though the victim is in the area of mitigation (four months to one year) (special mitigation) of the types of general traffic accidents (the scope of recommending punishment).

3. Determination of sentence: The defendant has a duty of care to drive safely as a taxi engineer for six months;

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