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(영문) 서울남부지방법원 2015.06.25 2015고단1304

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On November 29, 2014, at the speed of 04:15, the Defendant, at the speed of 60km from the direction of the city to the direction of Seoul, three lanes from five lanes in front of the dodo Park, which is located in the direction of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

At the time, at night, the crosswalk was installed in the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely operate the motor vehicle by checking well the front door.

Nevertheless, the Defendant did not neglect this and did not discover the victim E (the age of 45) who was unclaimed from the left side of the front side to the right side, and had the victim go beyond the road due to the front part of the said taxi.

On November 29, 2014, around 04:34, 2014, the Defendant received victims and caused the victims to die with brain damage caused by the cerebral damage within the vehicle sent to Tolam University No. 63-10, Yeongdeungpo-gu, Seoul, to the Glamosung Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the subscription to taxi mutual-aid and the agreement with the bereaved family members of the victim) [the scope of recommending sentence] under Article 62(1) of the Act on the Suspension of Execution (i.e., taking into account the fact that there is substantial negligence in the occurrence of traffic accidents or the expansion of damage to the victim (special mitigation) [the victim] under the Special Mitigation Zone (ii) (ii) (i.e., the occurrence of traffic accidents or the occurrence of damage, a sentence shall be determined as ordered within the scope of recommending sentence in consideration of the circumstances mentioned above, etc.