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(영문) 서울서부지방법원 2015.12.15 2015고단2625
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaged in Csi driving service.

On October 4, 2015, the Defendant driving the said taxi as his duties around 20:53, while driving the said taxi and driving the three-lane road in front of Yongsan-gu Seoul, Yongsan-gu along one-lane from the southwest to the southwest.

Since it is at night at the time, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by reducing speed and properly manipulating the steering direction and brakes, and accurately manipulating the steering system.

Nevertheless, the Defendant neglected this and found the victim E (the age of 59) who was crossing the road from the right side of the proceeding to the left side at late and operated the road rapidly, but failed to avoid the action, and caused the victim to go beyond the floor due to the shocking of the part, such as the bridge, etc. of the victim to the front part of the above taxi, and caused the victim to go beyond the floor.

Ultimately, around October 10, 2015, around 06:10 on the above occupational negligence, the Defendant caused the death of the victim with a multi-pact-long-term organ by acute typosis in the patient care room located in Jongno-gu Seoul, Jongno-gu, Seoul, where the victim was receiving the post-prison treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Each photograph;

1. The CD;

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, and Article 268 of the Criminal Act.

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

1. In the event of the occurrence of the instant accident on the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s liability for the crime is not minor in light of the content of the Defendant’s negligence and the result of the instant accident in which the victim died, the bereaved family members, etc.

On the other hand, at the time of the accident of this case, the victim is also a three-lane road under the condition that the victim was under the clothes of the colored.

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