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(영문) 서울남부지방법원 2017.04.27 2017고단739

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 engaging in driving a rocketing taxi.

On January 8, 2017, the Defendant driven the above taxi at around 00:40, the Defendant driven the Do Forest of Yeongdeungpo-gu Seoul Metropolitan Government on a two-lane in the front of the oil station located in the gate-dong. The Defendant driven the Do Forest of Yeongdeungpo-gu Seoul Metropolitan Government along the two-lanes of the 4th radius.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to live well with the signal, etc. and to safely drive the motor vehicle in accordance with its signals.

Nevertheless, the defendant did not stop on the stop line, and did not stop on the stop line, and the part of the right side of the victim D(62 ) driving, which was left left to the right side from the left side of the due course of the defendant, was received as the front part of the above cab.

Ultimately, around January 8, 2017, around 06:51, the Defendant caused the victim to die by occupational negligence as a multi-long-term part of the University Hospital, Guro-ro, Seoul, Guro-ro, 148.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of a survey report, death certificate, black stuff, video and field photo-related Acts and subordinate statutes;

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 sentence of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence was 0 favorable circumstances: Violation of the signal even if the damage was actually caused.

It was agreed with the bereaved family members of the victim.

There is no criminal record in addition to a fine.

0. Unfavorable circumstances: the fault of the defendant who violated the signal is serious, and the damage is serious.

0. Other circumstances, such as accident circumstances and circumstances after the crime.