(영문) 서울중앙지방법원 2017.11.21 2017고단3373

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(영문) 서울중앙지방법원 2017.11.21 2017고단3373

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 taxis.

On October 4, 2016, the Defendant driving the above taxi around 01:48, and changed the shooting distance of the 239 insolvency park in front of the Seoul Gangnam-gu, as the Seoul bankruptcy, from the shooting distance south of the Drown-gu, Seoul Customs Office to the shooting distance of the 7-lane to five-lanes of the 3-lane to the 120km in speed.

Since a signal apparatus is installed, and the speed of restriction is not more than 60km per hour, a person engaged in driving service has a duty of care to safely drive by checking the right and the right at a speed consistent with the new code.

Nevertheless, the Defendant neglected this and continued to proceed at the same speed while the signal was changed to the stop signal, and caused the victim to go to the ground by taking the front part of the victim D(the south, the age of 34) driving, which was going to the left to the left in accordance with the new code, from the shooting distance of the Seoul Customs Office, the front part of the E-wheeled Vehicle of the victim D(the age of 34) driving, which was going to the left in the front part of the left part of the above taxi.

As a result, the Defendant caused the death of the victim due to the foregoing occupational negligence by a show of low-blood shocks from an emergency room of the Seoul University Hospital in Yongsan-gu, Yongsan-gu, Seoul, where the victim was under treatment after around October 4, 2016, at around 05:13.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A traffic accident occurrence report;

1. A report on the occurrence of traffic accident;

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 and Article 268 of the Criminal Act concerning criminal facts;

1. It is so decided as per Disposition on the grounds that the alternative imprisonment without prison labor or more punishment is chosen;

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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