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(영문) 서울남부지방법원 2017.04.13 2017고단275
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 engaging in driving a rocketing taxi.

On December 15, 2016, the Defendant driven the above taxi at around 14:45 on December 15, 2016, and made the left turn to the front door of the apartment at the 107-dong room on the roads in the Geumcheon apartment complex in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu.

Since there is a road in the apartment complex, the driver of the motor vehicle has a duty of care to thoroughly perform the duty of care to ensure that the driver of the motor vehicle should thoroughly drive the motor vehicle on the movement of the pedestrian.

Nevertheless, the defendant did not discover the victim D (79) who was walking on the road due to negligence of driving a motor vehicle while neglecting this, and shocked with the part of the defendant's cab.

As a result, the Defendant caused the victim's death by occupational negligence on the same day at the Han-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, to the extent that the Defendant had the victim died by a shock shock of low blood amount caused by two traumas.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports, accident video CDs, site photographs, and death diagnosis reports;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that there is no previous offense except for the punishment imposed four times by a fine before around 1996, the fact that the victim has agreed with the bereaved family members, and the fact that the taxi has joined a mutual aid association;

(k) Unfavorable circumstances: The severe result of the victim's death occurs;

0. Other circumstances, such as the fact that the victim was aged, the background of the accident, and the circumstances after the crime.

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