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(영문) 서울중앙지방법원 2014.05.09 2014고단855

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

Around 00:50 on December 8, 2013, the Defendant driven the above taxi and driven the four-lanes of the 323-lanes in Seoul, Dongjak-gu, Seoul, along the three-lanes from the parallel parallel of sublime to the upper parallel of the 85km at a speed.

At night, the above road is at a point of 60 km speed, and therefore, the person engaged in the vehicle driving duty has a duty of care to prevent accidents in advance by accurately operating the steering gear and brake system, such as making a well-brush, observing the speed limit, etc.

Nevertheless, the Defendant neglected to do so and neglected to do so and went beyond the ground by the negligence of going against the speed, and caused the victim C (36 years of age) who crosses the road to the right side of the above taxi driving direction to go beyond the ground.

Ultimately, around December 8, 2013, around 02:55 on December 8, 2013, the Defendant caused the death of the victim due to the severe damage from an emergency room of the E Hospital located in Dongjak-gu Seoul Metropolitan Government D by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. A death certificate;

1. Photographs;

1. A copy of a black image;

1. Data of tacometer;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation before an accident of a victim);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., that there is a penance, that there is no criminal record of imprisonment without prison labor or any heavier punishment, and that there is a great fault of the victim who illegally crosss the suspect by putting clothes in the color of night in the occurrence of the traffic accident in this case);

1. Social service order under Article 62-2 of the Criminal Act;