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(영문) 대구지방법원 2019.07.25 2019고단2721
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

On March 29, 2019, the Defendant driven the above taxi on March 16, 2016:30, and led the front of the Daegu Jung-gu C commercial road to the large area four-distance outflow from the intersection distance.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating steering devices and brakes, and to prevent accidents.

Nevertheless, the defendant neglected this and did not discover the victim D (79 years of age) who illegally crossed from the left side of the running direction of the defendant taxi to the right side, and caused the victim to go beyond the road by shocking the part of the victim's body in front of the left side of the defendant taxi.

Ultimately, around April 13, 2019, the Defendant caused the death of a victim due to the above occupational negligence, such as serious cerebral cerebral cerebral cerebral cerebral cerebralop, which was being provided medical treatment at the Jung-gu, Daegu-ro 130 Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a death diagnosis report);

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] - In the area of mitigation of types 2 (Crime of Death of Traffic Accidents between February and one year): In the case of a victim with considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (decision of mitigation of punishment] - In the case of a disadvantageous circumstance: The occurrence of the victim's death by causing the instant accident due to the Defendant's occupational negligence; the occurrence of the serious consequence of the victim's death; the occurrence of the record of having been punished for the same kind of crime; the recognition of and reflects the favorable normal mistake; and the occurrence of the instant accident to the victim without permission.

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