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(영문) 서울북부지방법원 2015.09.01 2015고단1681

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cab.

On December 5, 2014, at around 09:59, the Defendant driven the above taxi and proceeded at approximately 40-50 km in the speed of 30-5 km from the west Zone to the west Zone with four lanes from the 445-lane in Seoul Special Metropolitan City, Nowon-gu.

At the same time, the defendant was running the above taxi, and the defendant was well aware that the crosswalk was installed in the front section and the passage of people and vehicles was frequent. Although the traffic signal was occupied by the vehicle, the victim E (the age of 90) was proceeding in the front section of the pedestrian signal, it was trying to cut the crosswalk in the direction of the warning of the pedestrian signal prior to that point. As a result, the vehicles of the second line and the third line on the left side of the vehicle running by the defendant are stopped in order to avoid the victim, so there was a duty of care to safely drive the vehicle by reducing the speed of the vehicle and examining the flow of the vehicle by side and checking the right and the right and the right and the right of the vehicle.

Nevertheless, the defendant neglected this and did not avoid the victim crossinging the crosswalk to the right side from the left side of the taxi and received the victim's right side body in front of the defendant's left side of the taxi.

Ultimately, at around 15:37 of the same day on the same day, the Defendant caused the death of the victim who was sent back and received treatment at the Human Resource Offset Hospital on the same day by the occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Results of the verification of CD images in this Court;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs of the traffic accident, suspect vehicle records, video photographs, etc.;

1. Records of legal history, photograph, death certificate, and postmortem examination;

1. Breambling.