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(영문) 광주지방법원 목포지원 2014.05.22 2014고단282
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of a taxi for business use B.

On January 8, 2014, at around 19:10, the Defendant driven a taxi for the above business purpose and driven the front road of the Dong elementary school, which is calculated at Sejong City, in accordance with the two-lanes of the two-lanes of the front of the Dong elementary school, from the front of the Seosan apartment room to the second square.

At the time, it is night and a two-lane road, so a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front section and the left and right by reducing the speed, and accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant neglected this and got a victim C (70 years old) who crosses the road to the right side from the left side of the proceeding direction due to the negligence of the defendant's neglect.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, around 03:35 on February 23, 2014, due to the acute smoking disorder, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and on-site photographs;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Type II of traffic accident;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. In light of the fact that the defendant's decision on the sentence and suspended execution are recognized and against his mistake, that the victim's bereaved family members agree with each other, and that there is some negligence of crossing the traffic accident in this case, the victim shall also be deemed to be negligent, the sentence against the defendant shall be determined as ordered within the scope of the sentencing guidelines and the execution thereof shall be suspended.

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