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(영문) 대구지방법원 2018.02.23 2017고단7093
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2014, the Defendant issued a summary order of KRW 500,000 as a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Seo-gu District Court's Branch Branch.

The Defendant is a person engaging in private taxi driving service B.

On October 11, 2017, the Defendant driven the above taxi at around 00:55, and led to a two-lane of about 50 km in speed from the center of the valley in Daegu Metropolitan City to the valley underground vehicular road in front of the valley, which is located along the center of the valley in Daegu Metropolitan City.

In such cases, at night, there was a duty of care to safely drive a person engaged in driving service by paying attention to the person engaged in driving service at night.

Nevertheless, the Defendant neglected this and went beyond the ground because the Defendant did not look at the victim C (35 years old) who was a fright to cross the math without permission due to the negligence of driving the math without permission, and caused the victim to go beyond the ground on the left side of the Defendant’s car.

As a result, the Defendant caused the death of the victim due to the occupational negligence as seen above, at the Daegu Tol University Hospital around October 19, 2017, around 15:07, the Defendant caused the death of the victim due to the occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture has a serious consequence of death due to the crime of this case, the defendant has been punished twice due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury). The defendant reflects the fact that the defendant has agreed with the bereaved family of the victim, the defendant has no criminal record exceeding the fine, and the road is on night.

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