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(영문) 서울중앙지방법원 2017.04.25 2017고단1807
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 who is engaged in the business of driving a third-party taxi.

On February 11, 2017, at around 02:40, the Defendant proceeded at a speed of about 60km in the Si speed, depending on the three-lanes in the direction of the luminous intersection from the view of the luminous to the intersection in the direction of the luminous intersection.

At the time, there is an intersection and crosswalk in which signal lights are installed at night, and in this case, there was a duty of care to reduce the speed for persons engaged in driving a motor vehicle and to ensure that persons engaged in driving a motor vehicle are well able to look at the road in the signal lights and on the front side, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not temporarily stop despite the fact that the signal was changed to yellow signal, and is proceeding as is. From the right side of the taxi running by the Defendant, the victim D(75) who dried the crosswalk to the port from the right side of the taxi driving by the Defendant was placed in front of the above taxi.

Ultimately, the Defendant caused the death of the victim due to the aforementioned occupational negligence by the National Medical Center located in Jung-gu, Seoul, on February 12, 2017, in the Central Medical Center, where transmission treatment was conducted after around 20:00, the Defendant caused the death of the victim due to low-blood liquid shock and brain damage, brain indoor-explosion, anti-proplosion and anti-propination of prop-pacule, and the damage to the eculation.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each investigation report (the sequence 25,26 of the evidence list);

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

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. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201).

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