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(영문) 대구지방법원 서부지원 2018.06.20 2017고단2522
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the duty of driving K5 taxis.

On February 11, 2017, the Defendant driven the above taxi on February 11, 2017, and proceeded at a speed of about 70 km from the four-lane away from the distance to the parallel of four-lane away from the west-gu, Daegu, Seo-gu, Seo-gu, to the speed of about 30 km away from the distance to the parallel of four-lane.

At the time, the crosswalk was installed at night and at the front door, so in such a case, the driver had a duty of care to safely drive the front door and the right and the right and the right of the driver and to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and found the victim C (77 tax) who was crossinged by violating pedestrian signal along the crosswalk at the right side of the mash, and received the victim’s bridge from the front part of the said taxi.

Ultimately, the Defendant’s occupational negligence caused the death of the victim due to the pulmonary and acute damage, etc. while receiving follow-up treatment from the Gyeong-gu, Daegu-ro 130 (Seoul-ro), Daegu-ro, 17:25 on September 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accident [the grounds for sentencing] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] 2 types of general traffic accident [the person subject to special mitigation] / [the person subject to special mitigation] / [including efforts to recover from damage] / The decision of sentence] serious results such as death caused by the instant crime / the decision of sentence] / the victim who illegally crossing the road without permission is partly responsible for the occurrence of the accident, the defendant is against the victim, the defendant agreed with the victim's bereaved family.

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