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(영문) 서울남부지방법원 2014.08.28 2014고단1883

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

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

On February 3, 2014, at around 20:50, the Defendant driven the above taxi and proceeded at a speed of about 60km from the ethalo-distance to the ethalo-distance of 227 lanes in Guro-gu Seoul, Seoul, along one lane from the ethal road to the ethalo-distance.

The Defendant found the victim D(38 years of age) who is under the influence of alcohol at approximately 15 meters on the front of the road. In such a case, the Defendant had a duty of care to reduce speed to those who are engaged in driving of a motor vehicle, to live well at the front of the road, and to take the anticipated driving direction of the motor vehicle at sufficient intervals between the expected driving direction of the motor vehicle and the place of human being, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not reduce the speed of the victim while taking a bath to the victim, and proceeded close to the place where the person is living, and caused the collision with the victim, but did not avoid it but received the victim's body right-hand part in front of the left-hand part of the said taxi, and caused the victim to fall down on the floor as the upper left-hand part of the said taxi.

As a result, the Defendant caused the death of the victim due to the negligence in the above business, such as the liver heat, etc. at the Bola Hospital in the Seoul Metropolitan Government Bolaro 20-ro 5-gil, Dongjak-gu, Seoul, which was under the follow-up treatment at around 04:44 on February 5, 2014.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of E and F;

1. A traffic accident report;

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

1. The relevant provision of criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommending] types 2 of general traffic accidents (the death of a traffic accident) (the period between April and October) and the victim.