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(영문) 서울북부지방법원 2013.09.05 2013고단655
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On January 21, 2013, around 04:43, the Defendant driven the above taxi and proceeded at a speed of about 50 km from the 4-lane of the 42-13-lane of the U.S. child of Gangnam-gu Seoul Metropolitan Government to the e-mail of the U.S. at the end of the 50km away from the e-mail distance.

At the time, it was difficult to start at night, so in such cases, a person engaged in driving service has a duty of care to thoroughly and safely drive the front left door.

Nevertheless, the Defendant did not discover the victim D(53) who crosses the road to the right side from the left side of the mast course due to negligence, while neglecting this, and did not discover the victim D(53) who crosses the road to the right side, and did so to go beyond the victim's right side side side as the front side of the left side of the said si, and caused the victim to die by the shock cage fages and the credit booms after traffic accidents at the E Hospital around 18:00 on February 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of death certificate (Investigation record 139 pages);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence shall be determined as ordered in consideration of the fact that the victim was negligent in crossing a five-lane road without permission even at night for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the toxic spambling symptoms occurred during the course of treatment after the accident caused death, and that the defendant agreed smoothly with the victim's bereaved family members.

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