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(영문) 부산지방법원 2019.08.21 2019고단1591
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

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

On February 26, 2019, the Defendant driven the above taxi at around 00:15, and led to the left-hand turn from the Eth page of the D Do in Busan, Young-gu C.

Since there are three-distance crossings in which signal lights are installed, there was a duty of care to reduce speed to those engaged in driving service and drive safely according to signals.

Nevertheless, the Defendant neglected this and did not temporarily stop the red on-and-off signal immediately before the stop line, and was negligent in driving in front of the victim G(43 years old) driving in the front direction of the Defendant’s driving.

Ultimately, the Defendant caused the injury of approximately eight weeks to the victim G due to such occupational negligence, and caused the victim H (the 66 years of age), who was accompanied by the chair vehicle for the above physically disabled, to the victim H (the 66 years of age) on February 26, 2019, around 10:08, the Busan National University Hospital located in Seo-gu, Seo-gu, Busan, Busan, to die with the external blood transfusion at Busan National University Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Grounds for sentencing of selective imprisonment without prison labor;

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, general traffic accidents [Type 2], the death of traffic accidents (special person) and mitigation factors: Where the injured party has gross negligence due to the occurrence of traffic accidents or the expansion of damage [the scope of recommendation area and recommendation area].

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