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(영문) 서울중앙지방법원 2016.06.22 2016고단1993
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a rocketing taxi.

On November 19, 2015, the Defendant driven the above taxi on November 19, 2015, and driven the front road of Seocho-gu Seoul Metropolitan Government D toward the air basin in the south side of the south side, and proceeded at a speed of about 89-91km each hour depending on the one-lane.

At night, the speed of restriction on traffic of the above road is 60km per hour, and the signal lights are installed on the front side of the road on which the defendant drives, so the person engaged in driving of the motor vehicle has a duty of care to prevent traffic accidents by complying with the speed limit, properly operating the steering gear and operating the steering gear and operating the signal.

Nevertheless, the Defendant neglected to do so and went beyond the speed of 29 to 31 km in contravention of the speed signal, and proceeded with the crosswalk installed on the right side without finding the victim E (n. 74) who was walking on the left side from the crosswalk installed on the right side, thereby making the said victim forcibly go beyond the ground.

The Defendant caused the death of the victim due to brain damage by occupational negligence at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. A photograph of the scene of an accident or photograph of an accident vehicle;

1. A corpse death certificate;

1. Investigation report (the results of analysis by the Road Traffic Authority), the comprehensive traffic accident analysis report, and operational records analysis data of suspect vehicles (the No. 18, 19,20 of evidence list);

1. Application of Acts and subordinate statutes to report on investigation (report on the analysis of black boxes and video images installed on vehicles subject to investigation);

1. The legal provisions applicable to the crime, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor) are the grounds for sentencing.

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