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(영문) 의정부지방법원 2014.07.18 2014고단1623
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 who is engaged in driving a cab.

On April 20, 2014, the Defendant driven the above taxi on April 20, 19:45, and proceeded at approximately 75 km each hour from the port of Soncheon-si to the port of Jinyang-si, Jinyang-si, Seoul, about 249-3 lanes.

At night, there was a cross-section at the same time, and thus, there was a duty of care to prevent accidents in advance by driving safely by reducing speed and checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and did not discover the victim E (the 61-year-old) who illegally crosss the taxi to the port from the right side of the taxi driving direction by failing to take account of the front side and the left side of the taxi, and received the victim E (the 61-year-old) from the left side of the said taxi.

Ultimately, the Defendant caused the death of the victim at the site due to the above occupational negligence.

Summary of Evidence

1. The defendant's partial statement in court (the defendant's assertion that the defendant could not expect the victim's unauthorized crossing at the time and that the principle of trust should be applied, but the defendant's violation of duty to keep the defendant prior to departure can be acknowledged according to the black stuff video, etc.

1. The actual condition survey report;

1. On-site photographs;

1. Blue fluor-fluor photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The scope of sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act: The final sentencing range recommended by sentencing guidelines from January to May 5 of the Act on the Suspension of Execution: The types of traffic accidents among the groups of general traffic accidents [special sentencing] and the types of death of traffic accidents in the standards of general traffic accidents among the groups of traffic crimes: There are no aggravated factors: If there is substantial negligence on the part of the victim [the scope of recommending punishment] mitigation area (from April to October): there is no aggravated factors of general sentencing in the sentencing guidelines.

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