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(영문) 수원지방법원 2019.07.04 2019고단347
교통사고처리특례법위반(치사)
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Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BM5 private taxis.

On December 11:13, 2018, the Defendant driven the above private taxi and made the left turn to the left at about 24 km from the Osan Terminal at the speed of 24 km from the Osan Terminal without the front signal, etc. D in Osan City.

A person engaged in driving of motor vehicles has a duty of care to safely drive motor vehicles by reducing speed and taking into account well-being.

Nevertheless, the defendant neglected this and went beyond the body of the victim F(57 years old) who was crossing the above road without permission from the right side of the defendant's private taxi driving direction to the left side of the defendant's private taxi driving direction.

Ultimately, the Defendant caused the death of the victim at around 10:58 on December 14, 2018 while receiving treatment from G Hospital due to brain training and paralysis, etc. due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Statement of the police statement related H;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. On-site photographs, investigation reports (on-site investigations), - On-site photographs;

1. Blue boxes and video CDs;

1. Carryover of the results of the analysis of traffic accidents DTS;

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

1. According to the pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, the reason for sentencing [the scope of recommending sentence] of Article 2 of the Criminal Act (Article 268) (Article 2 of the Criminal Act), the basic area (Article 8-2) (Article 2 of the Criminal Act) [the decision of sentencing] of the crime of this case is proceeding toward the left-hand line while the defendant driving a vehicle and driving the vehicle toward the left-hand line while driving the vehicle and driving the vehicle at the right-hand left-hand line at the right-hand line, and without finding the victim who was a walking on the road at the right-hand side, the defendant turn

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