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(영문) 서울동부지방법원 2016.05.26 2016고단940

교통사고처리특례법위반

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for rocketing other business purposes.

On March 6, 2016, the Defendant driven the above taxi on March 6, 2016, and got two lanes from the five-lanes in front of the gas station located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, to the road ecological park along the roadside.

At that time, the speed limit is 60 km per hour, and the crosswalks and bus stops are located at the center, and thus, the driver had a duty of care to prevent accidents by complying with the speed limit and driving safely by checking well the left and right of the driver.

Nevertheless, even though a vehicle ahead of a two-lanes in the Madern-line was negligent in doing so, the line was changed to three-lanes, and the vehicle driven by about 113 km in the speed of the taxi due to the negligence of driving the taxi at about 113 km in the speed of the speed, and the crosswalkd the crosswalk to the right side from the left side of the taxi, the victim E (n, 40 years old) was shocked in the front side of the taxi.

Ultimately, the Defendant caused the death of the victim on the job site due to multiple traumas (two alleys), etc. due to such occupational negligence.

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. Protocol of inspection;

1. Application of the Acts and subordinate statutes governing taxi site photographs, speed recording meters, taxi booms video CDs;

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

1. The accident of this case in which the victim died for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is highly responsible for the defendant who had been driving the instant vehicle in excess of speed at the time.

I would like to say.

However, when considering the time of the accident or the place of the accident, it is difficult for the defendant to expect that the damaged person will cross the 5-lane road without permission on the string of the vehicle's straight signal during night.

In addition, the defendant has agreed with the victim's bereaved family.