(영문) 서울중앙지방법원 2017.10.31 2017고단6508

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.10.31 2017고단6508

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On July 22, 2017, the Defendant driven the above taxi around 03:00, and proceeded at a speed of 40km from the distance to the IC of distribution of the same Gu on the north of Seocho-gu Seoul, Seocho-gu, Seoul.

At the time, a person engaged in driving service at night has a duty of care to prevent accidents in advance by driving safely in a safe way by looking at the right and the right on the front side.

Nevertheless, the Defendant neglected this and found the victim D (61) who was moving on the right side from the bed left side by his negligence without properly examining the front side, and received the victim's head head part in front of the left side of the above taxi, and the victim's head part in front of the front side of the above taxi.

Ultimately, around August 9, 2017, around 17:12, the Defendant caused the victim to die due to the above occupational negligence by multiple prolonged chargings, etc. at the University Seoul Hospital of Yongsan-gu, Seoul, Yongsan-gu, Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (i.e., that the victim seems to have contributed to a certain degree of the occurrence of the instant accident, that the bereaved family members are not punished by the defendant, and that it seems that the bereaved family members seem to reflect on the fact that the victim and the bereaved family members

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

유사 판례

-의정부지방법원 2017.03.28 2016고단4493

-서울중앙지방법원 2018.11.06 2018고단6130

-서울서부지방법원 2017.01.20 2016고단3665

-광주지방법원 2018.09.21 2018고단2975

-서울중앙지방법원 2018.02.07 2017고단8627