beta
(영문) 서울서부지방법원 2017.05.18 2017고단230

교통사고처리특례법위반(치사)

Text

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 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 of a taxi for rocketing other business purposes.

On August 27, 2016, around 08:24, the Defendant driven the front road of Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) along the two-lanes between the front road and the front apartment protection area of Mapo-gu tax office.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and the right and the right and the right of the motor vehicle and to accurately manipulate the steering and brakes so as to prevent the accident.

Nevertheless, the Defendant neglected this and caused the victim E (the age of 75) who was crossinged without permission due to the negligence in the course of the duty of driving the front-down crosswalk while neglecting it, to go beyond the road by shocking the victim E (the age of 75) with the front-hand part of the above taxi that the Defendant driven.

Defendant 1:18 on August 27, 2016, by occupational negligence, caused the death of the victim at the emergency room of the Sick-gu Sick-si in Seodaemun-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. A death certificate;

1. The application of Acts and subordinate statutes as a result of the reproduction of video clips of vehicles under way;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Persons who are subject to special mitigation of the scope of sentencing under Article 62(1) of the Criminal Act [the scope of recommendation according to the sentencing guidelines] set forth in Article 62(1) of the Act on the Suspension of Execution, and Article 62(1) of the Act on the Suspension of Execution shall be set as the order, in consideration of the following conditions of sentencing set forth in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive for crime, and recommended punishment, in cases where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage.

O’s unfavorable circumstances - The sunlight at the time of the instant accident shall be the sunlight.