beta
(영문) 서울남부지방법원 2014.03.05 2013고단4510

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for 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 16, 2013, the Defendant driven the above taxi on October 21, 2013, and made the left turn turn to the left at about 15 km a speed of 15 km from the nives of the nives of the Seogdong, Gangseo-gu Seoul Metropolitan Government to the 935-12nd two lanes.

At the time, night and its location are an intersection where yellow flashing signal is installed, so there was a duty of care to check whether there is a vehicle driven in another direction by reducing speed and checking the right and the right and the right and the right of the driver of the vehicle, and to turn to the left safely.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the road by taking part of the left part of the said vehicle driving by the victim D(51 years of age) who was driving in the opposite direction without looking at the right side of the front and left part of the left part of the vehicle.

Ultimately, the Defendant caused the death of the victim due to brain livers, etc. at G Hospital located in Yangcheon-gu Seoul Metropolitan Government F, where the victim was under the follow-up treatment on November 21, 2013 due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The defendant's criminal liability is very heavy in that the occurrence of the serious result of the victim's death due to the instant traffic accident under Article 62 (1) of the Criminal Act. However, the circumstances favorable to the defendant, such as the fact that the instant taxi is affiliated with the taxi mutual aid association, the fact that some of the money for the bereaved family was deposited for the bereaved family although it did not reach an agreement with the bereaved family, and that the victim was at fault, such as the use of the fitness.