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(영문) 서울중앙지방법원 2017.05.17 2017고단1945

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Cstststa taxi.

On March 8, 2017, the Defendant driven the above taxi around 20:59, and proceeded five lanes from the 6-lane of the shooting distance of the Kuknam-gu, Gangnam-gu, Seoul, into the surface of the shot-si, the shot-si, Seoul.

At the time, at night, and at that time, the signal lights are installed in front of the shooting distance, which is 70 kilometers per hour of restriction speed. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by reducing the speed and accurately manipulating the steering gear and the brake system by accurately manipulating the steering gear and the steering system.

Nevertheless, the Defendant did not discover the E-R-V car of the victim D (V) who was in the atmosphere of the signal signal at the front of the said taxi and received the back part of the said taxi as the front part of the said taxi without finding the E-R-V car, as it is, due to the negligence that the Defendant was driven by the speed of approximately 91.8 to 95.8 kilometers in speed, driving along the front side of the said taxi, and not giving a proper view to the front side.

As a result, the Defendant had the Victim F (45) F, a passenger who was on board the lower seat of the said taxi (45 years of age), caused the victim F, a passenger who was on board the said taxi, to die at the 211st generation school in Gangnam-gu Seoul, Seoul, which was under medical treatment after around 21:24 on the same day, and at the same time, caused the victim D to have the croude, which requires approximately three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report (1) (2) (2)

1. A written statement on the occurrence of each traffic accident;

1. On-site photographs by reporting internal accidents and by capturing CCTV images;

1. A report on internal accidents (as to the over-speed of the skin vehicle) and the closure of CCTV images;

1. A traffic accident analysis report;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts