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(영문) 서울중앙지방법원 2013.06.14 2013고단2121

교통사고처리특례법위반

Text

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

except that 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 a Grand bus in Grandland.

On February 19, 2013, the Defendant driven the above vehicle on February 02:48, 2013, and led to the four-lane road of the border road located in Seocho-gu Seoul Metropolitan Government Seocho-dong 1420 to a speed of about 98 km along the two-lanes in the direction of bilateral ICT from the Seocho-gu IIC bank.

At the same time, Drocketing taxi driven by C (50 years of age) at the same two-lane prior to the same two-lanes of time was in operation of emergency lights due to lack of fuel and was in operation for about about 10 minutes, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the brakes and steering gear by reducing speed and properly operating the brakes and steering gear, etc.

Nevertheless, the Defendant neglected to drive a stroke, and proceeded without reducing the speed, while driving the stroke, and received the back part of the stroke part of the Defendant’s vehicle which was parked in front of the vehicle.

Ultimately, at around 03:15 on the same day, the Defendant caused the death of the victim E, who was a passenger on the back seat of the head of the above taxi due to the foregoing occupational negligence, at the G Hospital emergency room located in Seocho-gu Seoul Metropolitan Government F, due to brain damage, damage to the landscape, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A written appraisal (the report on causes of the suspension of a taxi engine);

1. Application of Acts and subordinate statutes on a written autopsy;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of types] general traffic accidents, types 2 (Death of Traffic Accidents) [Special Aggravation] - None of the aggravated factors: Reduction factors: In the absence of punishment (the scope of the recommended sentence], April of imprisonment without prison labor [the scope of the sentenced sentence] - October (the decision of the sentenced sentence], this case is closed by the defendant.