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(영문) 대구지방법원 2016.12.22 2016고단5126
교통사고처리특례법위반(치사)
Text

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

except that 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 engaging in driving a rocketing taxi.

On September 10, 2016, around 02:10 on September 10, 2016, the Defendant proceeded at a speed of 46 km from the front side of the Daegu Southern-gu telephone station to the front side of the city.

At that time, it is night, and since it is a road near the apartment complex, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected to perform his duty in the front direction and went beyond the floor by taking the right side part of the victim D (year 62) who was unclaimed on the right side from the left side of the Defendant’s proceeding direction into the front part of the said taxi.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on September 16, 2016, at the Yong-Namnam University Hospital located in 170, Nam-gu, Daegu, Nam-gu, 170, due to the marcing of the upper right typoids, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the traffic accident report 1, 2 (Actual Investigation Report) and 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] General Traffic Accidents of Type II (Death, etc. caused by Traffic Accidents) and the area of special mitigation (2-1 year) (2-1 year) (2-1 year) where there is substantial negligence on the occurrence of traffic accidents or expansion of damage to victims, not subject to punishment (including serious efforts to recover damage);

2. The sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, as shown in the sentence decisions, are equally added.

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