beta
(영문) 서울동부지방법원 2018.06.15 2018고단666

교통사고처리특례법위반(치사)

Text

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

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 who is engaged in the operation of a taxi in Category C, Launa Corporation.

On January 27, 2018, the Defendant driven the above taxi around 06:53, and led the road of six lanes in front of Songpa-gu Seoul, Songpa-do to go about about 70km at a speed of 70km, depending on three lanes from the Olympic Park, from the area of the Olympic Park in the Yellow-do.

The location has a duty of care to observe the signal and prevent accidents in advance by checking well the front side of the vehicle's driver, who is engaged in driving of the crosswalk with signal, etc.

Nevertheless, the defendant did not find out the victim E (67 ) crossing the crosswalk from the left side of the running direction of the defendant, which was immediately due to the occupational negligence, even though the vehicle driving signal was red, and did not find out the victim E (67 ) who was driven by the defendant, and had the victim go beyond the road by shocking the victim who was driven by the driver in front of the taxi.

Ultimately, the Defendant caused the death of the victim due to damage to two parts around 08:25 on the same day while he/she was sent to the G hospital emergency room located in Songpa-gu Seoul, Songpa-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A protocol of the police statement with H and a protocol of the autopsy;

1. Investigation report (No. 13 once a year);

1. Application of the Acts and subordinate statutes concerning the video recording of traffic accidents, a written investigation into the actual condition of traffic accidents, a death certificate, a photo of a deceased person, a tachograph, a tachograph, and a black stuff;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] General Traffic Accidents Type 2 (Death and Injury by Traffic Accidents) (Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents) (Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents).