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(영문) 부산지방법원 서부지원 2018.12.11 2018고단1066
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in the duty of driving a taxi for Category C Laun other business purposes.

On January 17, 2018, the Defendant driving the above taxi around 06:00, and driving three lanes in front of the lighting sales office, "E" located in Seo-gu Busan, Seo-gu, in Busan, with three lanes in front of the lighting sales office.

At the time, it was difficult to set a crosswalk on the front side because the new wall time was high, and the crosswalk was installed on the front side. In such a case, a person engaged in driving service was obliged to pay attention to prevent accidents by safely proceeding with checking whether pedestrians, etc. were able to reduce speed and take the front side and right well.

Nevertheless, the Defendant neglected this and found the Victim F (81) who was a victim’s road adjacent to the crosswalk on the right side of the proceeding direction due to the negligence of the Defendant’s negligence, and found it late to the right side of the proceeding direction, and took urgent action, but did not avoid the action, and had the victim go beyond the floor by receiving the victim’s bridge part from the fronter of the said taxi.

Ultimately, around 06:40 on the same day, the Defendant caused the death of the victim due to an occupational negligence, which was sent to the Busan National University Hospital Emergency Center, which was sent to the Busan National University Hospital Emergency Center and received treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The actual investigation report on traffic accidents and each investigation report;

1. A death certificate;

1. Application of the Acts and subordinate statutes to certified personnel who have subscribed to a mutual aid association, such as photographs of marine vehicles, victim's body photographs, ledger of driver's license, mandatory insurance inquiry, site photographs of accidents

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment recommended according to the sentencing criteria shall be limited to two types of traffic accidents;

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