(영문) 대구지방법원 포항지원 2017.06.22 2017고단369

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2017.06.22 2017고단369

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for rocketing other business purposes.

On January 10, 2017, the Defendant got three-laned roads of E in north-gu D at the port of port at the north-gu at the port of port on January 10, 2017 to the (Gu) port of port of common harassment.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving motor vehicles to keep the vehicle line well and drive safely by checking well the right and the right of the front line.

Nevertheless, the Defendant neglected to do so and tried a U-turn, followed the part of the bridge of the victim FF (42 aged) who illegally crossed the said road from the E side to the cloul sports course, and caused the damaged person to go beyond the road by shocking the front part of the cab for business use of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as brain livering expenses around 05:05 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

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

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

1. In the event that there is a considerable fault in the occurrence of a traffic accident or the expansion of damage even for the victim of the Class 2 (In the area of mitigation of a traffic accident from April to one year) of the general traffic accident area (in the case of a person subject to special mitigation), the circumstances that are favorable to the fact that the defendant was negligent in the occurrence of the traffic accident or the expansion of damage (in the case of a person subject to special mitigation): the fact that the defendant was grossly negligent in the accident of this case; that the defendant was not making any effort for the bereaved family members of the victim; that the victim was negligent in the accident of this case; that there was no record of punishment other than the fine imposed on the defendant; that there was no record of punishment other than the fine imposed on the defendant; the arguments of this case,

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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