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(영문) 서울남부지방법원 2018.05.24 2018고단276

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for rocketing other business purposes.

On November 4, 2017, the Defendant driven the above taxi at around 23:09, and proceeded at a speed of about 66.6 km to 76 km from the long distance of the Yeongdeungpo-gu Airport Underground Shopping Center No. 8 of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, the two lanes prior to the departure of the Yeongdeungpo-gu Airport Underground Shopping Center No. 8 of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

At the time, it was difficult for a person engaged in driving of a motor vehicle to see the speed of the motor vehicle at night due to the headlight of the motor vehicle operated by him/her. In such cases, there was a duty of care to prevent accidents by reducing the speed and thoroughly manipulating the steering gear and safely manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and found the victim D (W, 79) who illegally crossed the road on the right side from the left side of the defendant's proceeding direction to the right side of the road without permission, and did not avoid the victim, but had the victim go beyond the floor by taking part of the victim's body part in front of the taxi.

Ultimately, around November 4, 2017, around 23:54 on November 4, 2017, the Defendant caused the death of the victim due to an occupational negligence, while receiving medical treatment at the Gindong-dong in Yeongdeungpo-gu Seoul Metropolitan Government Gindong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site and vehicle photographs, video photographs, videos, videos, and photographs CDs;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to dead bodies;

1. The grounds for sentencing of Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act concerning criminal facts [the scope of recommended punishment] are the type 2 of the general traffic accident (the type 2 of the traffic accident) mitigated area (four months to one year) [person with special mitigation] where the victim was negligent in the occurrence of traffic accident or the expansion of damage [the sentence].