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(영문) 서울서부지방법원 2019.02.21 2018고단4001
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

Reasons

Punishment of the crime

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

On October 24, 2018, around 15:10 on October 24, 2018, the Defendant, along the two-lanes of the two-lanes, proceeded along the two-lanes of the front road of Yongsan-gu Seoul Metropolitan Government “D” on the surface of the Green Franc basin.

At that time, its location is a road on which three-dimensional signal lights are installed, so in such cases, the driver has a duty of care to reduce speed and prevent accidents by driving safely in accordance with the signals by properly examining the traffic signals.

그럼에도 피고인은 이를 게을리 한 채 차량 진행신호가 적신호임에도 막연히 진행한 과실로 마침 보행자신호에 따라 횡단보도를 자전거를 타고 건너던 피해자 E(34세)의 좌측 다리부분을 피고인이 운전하던 택시 운전석 앞 범퍼부분으로 1차 충격하고, 그 충격으로 피해자가 튕겨 올라 피해자의 후두부 부분이 택시 운전석 앞에 2차 충격되면서 도로에 넘어지게 하였다.

Ultimately, the Defendant, by the foregoing occupational negligence, sent the victim to the G annexed to the F University, and caused the death of the victim due to two damage (direct death) during cardiopulmonary resuscitation around 16:19 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs of the melting vehicle, its body photograph;

1. A report on internal investigation (video analysis);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning criminal facts, 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: The degree of negligence of the defendant is not less minor, and the defendant was not prepared by his/her bereaved family members;

o favorable circumstances: A Maritime Vehicle is insured by the HF and is insured by the HF.

The punishment as ordered shall be determined in consideration of all the circumstances, such as the age, character and conduct, environment, etc. of the defendant in the same circumstances as o or more.

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