(영문) 서울북부지방법원 2017.07.13 2016고단4882



Defendant shall be punished by imprisonment without prison labor for four 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.


Punishment of the crime

The defendant is a person who is engaged in the duty of driving a body taxi with the transportation of crops.

On May 23, 2016, the Defendant driven the above taxi on May 23, 2016, along the two-lanes in the direction of the new bank distance from the e-mail of the e-mail of the Seoul Dongjak-gu Seoul Metropolitan Government, and the two-lanes in front of the world of the e-mail of the e-mail.

In such cases, the driver of any motor vehicle shall accurately operate the steering gear, brakes and other devices, and shall not drive the motor vehicle at such speed or in such a manner as may cause any danger and injury to others, depending on the traffic situation of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent any accident from occurring.

Nevertheless, the defendant neglected this and went beyond the road by shocking the victim D (W, 73 years old) who crosses the road from the left-hand side to the right-hand side of the road.

Ultimately, the Defendant caused the death of the victim in his job by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the traffic accident report (1) (2), a vehicle photograph, on-site photograph, screen photograph and screen image photograph, and a postmortem protocol;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act arise, and there has not yet been an agreement with the victim’s bereaved family members. However, the sentence shall be imposed by taking into consideration the following favorable circumstances: (a) the Defendant recognized the instant criminal facts and against the mistake; (b) the Defendant appears to have affected the occurrence of the instant accident; and (c) the victim’s unauthorized crossing appears to have deposited KRW 7 million for the bereaved family members.