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(영문) 서울서부지방법원 2019.01.17 2018고단2544

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 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 individual taxi.

On May 14, 2018, the Defendant driven the above taxi on May 14, 2018, while driving the three-lane road in front of Mapo-gu Seoul Metropolitan Government at a speed that would not be known by one-lane from the upstream of the water zone.

At the time, there is a duty of care to make an internship at the permissible point of U.S. for drivers since it is night and a place where the center line of U.S. yellow-line is installed.

Nevertheless, the Defendant neglected this and got the front part of the two-wheeled vehicle driven by the victim D(the age of 17) who was going straight along one lane from the upper waters of the Modern to the upper waters of the Modern Station by the negligence of the Modern line. The Defendant received the front part of the two-wheeled vehicle driven by the victim D(the age of 17).

Ultimately, the Defendant caused the death of the victim at G Hospital located in Seodaemun-gu Seoul, Seoul on May 24, 2018, while receiving medical treatment due to cerebral cerebral typhism due to the above occupational negligence. < Amended by Presidential Decree No. 20420, May 24, 2018>

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Babbbbbbox CDs, skin-si photographs, investigation report (determination of the causes of the accident), death diagnosis report

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 selection of

1. Article 62 (1) of the Criminal Act;

1. Circumstances in favor of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fault of the victim who entered the intersection at an unreasonable and rapid speed when the signal is changed is also contributed to the occurrence of the instant accident; the taxi mutual aid is admitted; and the victim's bereaved family members are deposited in an unfavorable circumstance: The defendant's age, character, family relationship is the defendant's serious result of the victim's death due to negligence committed by the central line, even though the defendant was a person engaging in the business of taxi driving.