beta
(영문) 서울남부지방법원 2016.05.10 2016고단780

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of 6 million won.

Where the defendant does not pay the above fine, he/she shall be 100.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a KS5 taxi.

On January 12, 2016, the Defendant driven the above taxi on January 12, 2016, and continued to drive a three-lane of the 638-lane in the new elim underground vehicular road located in Guro-gu Seoul Metropolitan City, Guro-gu, with one speed from the street protection area to the border road, at a speed of about 60km.

At the time, since it is night, the defendant engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly taking the front-time duty.

Nevertheless, the Defendant neglected the duty of the previous week and did not discover the victim E (31) who was in excess of the due to an unforeseen reason on the one-lane due to the negligence that occurred while neglecting the duty of the previous week, and served the victim as the above taxi.

Accordingly, around January 12, 2016, around 02:58, the Defendant caused the victim to die by occupational negligence, from the hospital emergency room of the Korea University Medical Center in Guro-gu Seoul Metropolitan Government, Guro-gu, Dongro 148, the Defendant caused the death of the victim with a multi-sexually two traumas at the hospital emergency room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and G;

1. Reports on traffic accidents, photographs of the scene of accidents, photographs taken by a police officer dispatched to the scene, photographs of the vehicle under command, photographs of the vehicle under command, bicycles, and photographs of the victim;

1. Each investigation report (referring to the inspection of CCTVs and field oils installed on the strings of vehicles, fluor video fluorries, and on the strings of new roads and the roadways);

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 facts constituting an offense.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won; and

2. Determination of sentence: A victim who has boarded a bicycle at night (a favorable condition) and entered the underground vehicular road, and was used on the road along the underground vehicular road for an unfolding reason; and