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(영문) 서울서부지방법원 2016.04.08 2016고단133
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving CK5 taxi.

On November 8, 2015, the Defendant driving the above taxi around 01:19, and driving the three-laned road in front of Mapo-gu Seoul Metropolitan Government D in front of the Dongwon Post at the speed of about 64 km in the speed of Mapo-gu Office, along the two-lanes in the direction of the Sinpo-gu Office.

At the time, since the night and the view was kept at night, there was a duty of care to safely proceed according to the road structure and traffic situation by accurately operating the steering system and the steering system with the person engaged in the driver's duty of care.

Nevertheless, the Defendant neglected this and proceeded on the front side without properly examining the front side of the taxi, taken the victim E (55) who crosses the road from the left side to the right side on the basis of the direction of the taxi run by the defendant, and went beyond the road on the upper side of the taxi.

After all, the Defendant caused the death of the victim due to the above occupational negligence, which was sent back to the emergency room of the Gandong Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of black stuffs images, on-site photographs, and verification of changeers);

1. Application of Acts and subordinate statutes to death certificates;

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 fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The degree of each room;

A. At night at the time of a normal accident unfavorable to the Defendant, the Defendant was at night, and due to the decline, the Defendant should pay more attention than the ordinary level in driving.

B. A normal Defendant, favorable to the Defendant, was proceeding with a normal intersection in line with the straight line of the vehicle, and does not seem to have significantly exceeded the speed.

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