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(영문) 서울중앙지방법원 2018.10.19 2018고단3459

교통사고처리특례법위반(치사)

Text

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

However, 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 KS5 taxi.

around 03:47 March 24, 2018, the Defendant proceeded at a speed of 69.6 km from the side of the tri-distance from the alternate entrance of the Seocho-gu Seoul Metropolitan Government E-do at the speed of 69.6 km in speed.

At the time, since it was difficult for a driver to see the front light due to the headlight of a vehicle operated at night, a person engaged in driving service has a duty of care to reduce speed and to see the left and right well.

Nevertheless, the Defendant was negligent in driving the taxi as it driven the road on the right side from the left side of the taxi and received the parts of the victim F (25 years old) who passed the road on the right side of the taxi.

Ultimately, the Defendant caused the victim’s death by occupational negligence on March 28, 2018, at the Katol University located in 222 (NL 4 dong), according to the distribution of Seocho-gu Seoul Metropolitan Government, resulting in the victim’s death with fluorous fluorous clisomes.

Summary of Evidence

1. Defendant’s legal statement

1. Bluckings and CCTV images;

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

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. Article 62 (1) of the Criminal Act on the suspension of execution (The confession, agreement, record of crimes, etc.);