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(영문) 대전지방법원 홍성지원 2019.06.25 2019고단242
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a rocketing taxi belonging to B.

On December 17, 2018, the Defendant driven the above taxi on December 17, 2018, and proceeded with the first line D in front of the Chungcheongnam-gun, Hongsung-gun along a one-lane way from the new side to the interesting.

At the time, the road was ices, ices, and was installed at the center of the yellow-line line due to the night, storming, the storming, and the expenses that occurred around that time. In such a case, there was a duty of care to prevent accidents in advance by driving the vehicle with the driver’s duty of care by accurately operating the steering and steering gear, accurately operating the steering and steering gear, and operating the vehicle safely.

Nevertheless, the Defendant neglected this and proceeded with the central line as it was, due to the negligence of the Defendant’s failure, got the body of the victim E (the age of 69) who was on the center line in order to build the said road at the front of the taxi.

Ultimately, the Defendant caused the victim’s death by the occupational negligence as a result, on January 5, 2019, at around 21:16, when he was sent to G Hospital located in the Dong-gu Seoul Metropolitan City F and received medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each traffic accident report;

1. Application of Acts and subordinate statutes to death certificate (E);

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

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

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, and the circumstances surrounding the instant crime, and all the conditions of the sentencing indicated in the records, as ordered.

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