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(영문) 서울북부지방법원 2020.02.18 2019고단5551

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a rocketing taxi.

On August 10, 2019, the Defendant driven the above taxi on August 10, 2019, while driving the four-lane road in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along the direction of the Cheong-do 8-lane from the direction of the river basin to the direction of the Cheong-do 8-lane.

At the time, it is night and at the same time, so in such a case, there was a duty of care to prevent the accident in advance by accurately manipulating the steering gear, brake system, etc. of the vehicle with the driver.

Nevertheless, the defendant neglected this and found the victim D(the age of 57) late to the right side on the left side by using the crosswalk on the pedestrian red signal, which was driven by the defendant's negligence, and caused the victim to go beyond the road by taking the victim's bridge on the front part of the defendant's driver's taxi.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the death of the victim due to the cerebral brain damage caused by the serious injury to the external wound while being treated by the National Medical Center in Jung-gu, Seoul, Jung-gu, 245.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A death diagnosis report and a written record of autopsy;

1. Application of the Acts and subordinate statutes to cut booms video images;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of recommending punishment according to the sentencing guidelines [the range of recommending punishment] general traffic accidents shall be limited to the range of recommending punishment [the range of recommending punishment] general traffic accidents (including efforts to recover damage) where victims are at considerable negligence in the occurrence of traffic accidents or the expansion of damage, even in the area of special mitigation (two months to one year) (special mitigation).

2. The defendant shall be sentenced to a sentence;