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(영문) 서울동부지방법원 2017.10.12 2017고단2428

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment 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 engaged in driving CK5 taxis.

On February 12, 2017, the Defendant driven the above taxi around 02:40, and proceeded at the speed of 68 km/h of speed in the two-lanes of speed except the non-protective lane, from among the two-lanes of the valleys, on the front road of Gwangjin-gu Seoul Special Metropolitan City.

At this point, a crosswalk with three-dimensional signal lights is installed and a road with a restricted speed of 40 km/h speed to a children protection zone, so the driver of the vehicle has a duty of care to accurately operate the operation and steering gear in accordance with the speed limit and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim E (the 62 years old) who dried the crosswalk due to the negligence that caused the speed of restriction to the signal straight light signals by more than 28 km/h, and caused the damage to the front side of the taxi that the Defendant was driving. However, the Defendant did not avoid the situation and did not f2 years old, caused the damage to the front side of the taxi.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident investigation report, an investigation report (any G phone statement by any shot person), and an investigation report (specific on the speed of the suspect vehicle);

1. An autopsy report and a traffic accident analysis report;

1. A corpse death certificate;

1. Details of comprehensive operation;

1. Application of the Acts and subordinate statutes concerning a black stuff image, a course photograph, a vehicle photograph, and a motion picture photograph;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] The general traffic accident category 2 (Death by Traffic Accidents) (4-1 year from April to 1) is mitigated area (the victim with special mitigation) / The occurrence of traffic accidents or the expansion of damage.