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(영문) 서울북부지방법원 2015.05.26 2015고단534
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 who is engaged in driving of a taxi vehicle for business purpose C.

At around 06:10 on December 3, 2014, the Defendant driven the above taxi on a one-lane road in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and Escki, and proceeded at approximately 40km in speed from the implied side to the Seoul Science and Technology Unit, depending on one-lane.

At the time, it is a new wall at the time, and the range of visual distance was shorter due to a storm, etc., and the previous night night is in the situation where the road is cut off, and thus, it is necessary to confirm whether a person engaged in driving service is a person who scambling a crosswalk by reducing the speed in the case of a person engaged in driving service, and by checking well the right and the right of the road, and there was a duty of care to safely proceed by sending the signal with a horn, etc. according to the road condition.

Nevertheless, the defendant neglected this and proceeded without reducing speed, and thereby, got the victim F (the age of 82 at that time) who dried the crosswalk to the right side from the left side of the direction of the defendant's running by negligence, which led to the defendant's driving of the taxi.

Ultimately, around December 3, 2014, around 11:03, the Defendant caused the above victim’s death by the occupational negligence to the low blood shock shock at the Gan Hospital located in 68, Nowon-gu, Seoul Special Metropolitan City, in the Korean Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A death certificate;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommending sentence] general traffic accidents in the category 2 (Death Caused by Traffic Accidents) and there is no basic area (the person subject to special mitigation) [the decision of sentence] [the defendant has no signal, etc.

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