(영문) 대구지방법원 2013.08.22 2013고단3780

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자간(%)

(영문) 대구지방법원 2013.08.22 2013고단3780

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of nine million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

At around 21:10 on May 15, 2013, the Defendant driven the above taxi and proceeded from the post office in order to the intersection in front of the Samduk-dong, Daegu, Taeduk-gu, Samduk-gu to the 28 km long speed.

Since there is a place where traffic control is not performed through an intersection where signal, etc. is not installed, the driver has a duty of care to check whether there is a cross-road vehicle by reducing the speed or temporarily stopping for the driver.

Nevertheless, the Defendant neglected this and went to the Jung-gu Office from the Jung-gu Elementary School as the front part of the Defendant’s taxi. However, the Defendant was driven by the victim D(the age of 60) who was driving the Madern-gu intersection from the middle-gu Office of Jung-gu Elementary School.

Ultimately, on May 15, 2013, the Defendant caused the death of the victim by occupational negligence at G Hospital located in the Daegu-gu, Daegu-gu, Seoul-gu, to the brain death.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the defendant's liability for sentencing under Article 334 (1) of the Criminal Procedure Act is one of the reasons for sentencing of the provisional payment order, the sentence shall be determined as ordered in consideration of all the normal materials revealed in the trial process, including the fact that the victim's bereaved family members have agreed smoothly with the victim, that the vehicle is affiliated with the mutual aid association, that there is no criminal record, that there is no criminal punishment, that the defendant's serious reflectiveness, that part of the victim's negligence is recognized in the occurrence of the accident in this case

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