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(영문) 서울중앙지방법원 2020.04.10 2020고단682
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving of private taxi B.

On December 30, 2019, around 00:20 on December 30, 2019, the Defendant directed two lanes in front of Gwanak-gu, Seoul Special Metropolitan City C at a speed of about 31 to 40km each hour, depending on the two lanes in the direction of the straight distance from the sular street.

At the time, the night is moving back, and the front door of the night, and therefore, the driver of the motor vehicle had a duty of care to prevent the accident in advance by safely driving the front door in good faith.

Nevertheless, the Defendant neglected this and did not discover the victim D(84 years old, south) crossing the road to the right side of the left side of the course, and received the part left side of the cab.

Accordingly, at around 02:33 of the same day as above, the Defendant caused the death of an honorary sacrific acid from a hospital located in Dongjak-gu Seoul Metropolitan Government due to the alley brusation, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Results of field video CD reproduction and viewing;

1. Statement made to D by the police;

1. A survey report (1 and 2), a report on the occurrence of a traffic accident, and a photograph of the scene of an accident;

1. Application of the Acts and subordinate statutes to death certificate or photographic photographs of change history;

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 selection of

1. The scope of recommendations according to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the sentencing guidelines] shall be limited to traffic accidents [the type 2]. The mitigation element of traffic accidents (the special sentencing factor]: in the case where the victim is negligent due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the recommended area and the scope of recommendation] special mitigation area, and the case where the decision of imprisonment without prison labor for two to one year sentenced was made, but the victim was crossing without permission at the time.

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