beta
(영문) 서울중앙지방법원 2017.10.18 2017고단4342

교통사고처리특례법위반(치사)

Text

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

On March 17, 2017, the Defendant driven the above taxi on March 14:25, 2017, and led to a two-lane road in front of the 169 North Gwanak-gu Seoul, Jongno-gu, Seoul, to the speed of about 50km from the direction of the tunnel to the new intersection.

Since the Defendant would overtake the victim E (66) driving of the same lane following the latter, the Defendant had a duty of care to care in driving the vehicle with a safe distance in the front and rear way.

Nevertheless, the Defendant neglected this and changed the lane into a two-lane, and then the Defendant overtakened the victim by changing the lane into a one-lane in close vicinity to the other side of the driving of the victim. In order to avoid the collision with the Defendant’s driver’s car, the victim, who caused the disturbance, has moved his own hand to the right side, and proceeds to the two-lanes in order to avoid the collision with the Defendant’s driver’s car, and the head side of the victim’s head, who caused the collision with the right side side of the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence in an emergency room at the so-called Seodaemun-gu Seoul, Seoul, which was being treated for transmission after around March 17, 2017, and then caused the death of the victim by a low-blood shock by an internal and non-compact joint joint erosion in the so-called Seodaemun-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual conditions, on-site photographs of traffic accidents, internal investigation reports, and accompanying documents (as evidence Nos. 4 through 7);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] are the types of general traffic accidents (the traffic accidents).