beta
(영문) 서울서부지방법원 2017.02.02 2016고단3984

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 becomes final and conclusive.

Reasons

Punishment of the crime

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

On October 28, 2016, the Defendant driven the above taxi on October 28, 2011:24, while driving it at a 287-lane in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, the intersection of the Kymar Park Park Park, in a three-lane radius from the elevation of the public morality, the Defendant was driving at an insular speed depending on the two-lane between the three-lanes.

Since there is an intersection where signal lights are installed, the defendant engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear while viewing the right and the right.

Nevertheless, the Defendant neglected this and proceeded without examining the right and the right and the right and the right and the right and the right and the part of the victim D(79 tax)'s electric wheelchairs, which was in progress, in violation of the signal to cross-section in the light market on the surface of the effective park of the taxi on the right side of the taxi operated by the Defendant, was turned over to the front part of the taxi operated by the Defendant as the front part of the taxi.

On October 31, 2016, around 05:12 on October 31, 2016, the Defendant: (a) caused the death of a victim who was receiving medical treatment at a sex hospital located in the Gltol University in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Photographss taken by cutting a black stuffe image and by cutting a CCTV;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim is negligent in causing traffic accidents or expanding damage even for the victim (a person with a special mitigation) in the mitigated area (such as April to 1 year) of Class 2 (Death by Traffic Accidents) of the Criminal Act (a person with a special mitigation).