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(영문) 대전지방법원 서산지원 2019.08.14 2019고단414
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in K5 taxi driving services.

On October 22, 2018, the Defendant driven the above taxi on October 22, 2018, and driven the front of the “D” road in Seosan City, Seosan City, along the two-lanes in the direction of the terminal from the two-lane distance to about 68km in Si speed.

At the time, since it is night and its place is 50km per hour, there was a duty of care to drive safely, such as reducing the speed to a person engaged in driving service below the speed limit and checking the right and the right and the right well.

Nevertheless, the Defendant neglected this and went beyond the road by taking the victim E (the 81-year old) who crosses the road on the right side from the left side of the direction of the Defendant’s proceeding to the right side without examining the right side and going beyond the road.

Ultimately, at around 07:16, October 22, 2018, the Defendant caused the death of the victim due to low blood transfusion shock, etc. at the Chungcheongnam-do G Hospital, which is located in the Seosan-si F, which was being treated after-the-job care, due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of traffic accident reports (on-site investigation reports), death diagnosis reports, black boxes video CD-related Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. The fruits of the defendant in the decision of sentence;

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