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(영문) 서울중앙지방법원 2017.01.11 2016고단8258
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On August 18, 2016, the Defendant driven the above taxi on August 18, 2016, and proceeded at a speed of about 90km per hour from the beginning distance of the modern market, along four-lanes from the salary-ro, Seoul Special Metropolitan City.

At the front of the road, there is an intersection and crosswalk where signal lights are installed and the speed limit is 60km per hour, and the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by complying with the restricted speed and by properly operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeded without reducing speed even though the signal of the front side is red, and the body of the victim D (son, 28) crossing the right side of the crosswalk by using the crosswalk walking signal from the left side of the direction of the course is turned over by the front part of the Defendant’s seal.

Ultimately, around August 18, 2016, around 02:21, the Defendant caused the victim to die by occupational negligence, and caused the victim to die in two alleys during transmission and treatment from the public hospital in the Seoul Metropolitan Government Bolaroaro 20-ro, Dongjak-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs of the skin's vehicle;

1. CCTV images;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim’s bereaved family members do not want the victim’s punishment in agreement with the victim’s bereaved family members, such as the victim’s age, sex, environment, traffic accident circumstance, and circumstances after the crime.

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