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(영문) 서울동부지방법원 2013.03.27 2013고단115
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a rocketing taxi.

On August 30, 2012, the Defendant driven the above taxi on August 30, 2012, and driven the three-lane roads from the 600-dong, Songpa-gu, Songpa-gu, Seoul, along the two-lanes from the remote distance on the Gain market.

Since there is a crosswalk at which signal lights are installed on the front door of that place, it is necessary to check whether a person engaged in the driving of a motor vehicle has a road to reduce the speed for the person engaged in the driving of the motor vehicle and to check well the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the victim D (the age of 60) who was crossing the crosswalk from the right side to the left side in accordance with the pedestrian signals due to his negligence while changing the vehicle signal to the stop signal, and found the victim's bridge part before the taxi, and caused the victim's death in the emergency room of the F Hospital located in Gangnam-gu Seoul Metropolitan Government at around 02:50 on the same day. At the same time, the Defendant sustained the victim G (the age of 44) who was a passenger on a taxi driving by the defendant, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, G, I, J, K, and L;

1. A traffic accident report and a traffic history report;

1. A death diagnosis report and a written record of autopsy;

1. A medical certificate;

1. The application of Acts and subordinate statutes to signal systems at the intersection of an accident site;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The defendant's error in sentencing Article 40 and Article 50 of the Criminal Code (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with a heavier penalty) is the reason for sentencing.

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