logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.16 2018고단6131
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On May 3, 2018, around 00:38, the Defendant driven the above rocketing taxi on the front of Jongno-gu Seoul Metropolitan Government D on the road, and had it run along the two-lanes of the three-lanes between the two-lanes in front of the tomb and the intersection in front of the tomb.

The road at that place is 60 km per hour, and the signal lights and crosswalks are installed on the front side, so it is necessary to observe the speed and signal signals and to look at whether there is a person driving the motor vehicle who is engaged in the driver's duty of care to observe the speed and signal and to view the front side properly.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 81km in speed beyond the speed limit, and was negligent in entering the crosswalk in contravention of the signal even if it was yellow signal, and received the body of the victim E (the remaining, 56 years old) walking the crosswalk on the right side from the left side of the Defendant’s proceeding to the right side of the taxi in the direction of the Defendant’s proceeding.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die at the Jongno-gu Seoul University on the same day at around 01:19, the Seoul Jongno-gu University, Seoul, resulting in the death of the injured party due to the multi-level mental injury in treatment.

Summary of Evidence

1. Defendant’s legal statement

1. Accident video CDs;

1. Submissions of traffic accident analysis reports;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

arrow