(영문) 서울북부지방법원 2017.03.14 2016고단3390

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줄 간격

자간(%)

(영문) 서울북부지방법원 2017.03.14 2016고단3390

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

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

On April 16, 2016, around 04:25, the Defendant stopped to get passengers on the taxi platform of the E Hospital located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

In this case, the defendant, who is engaged in driving duty, has a duty of care to prevent the passengers from falling off the taxi by starting safely after checking passengers' boarding and leaving the door.

Nevertheless, the Defendant neglected this and caused the victim F (72) who was a passenger, to go away from the road by the negligence of putting the above taxi into the taxi in order to take the back seat of the above taxi, but did not properly take passengers and did not close the door of the taxi.

around 01:45 on August 30, 2016 by occupational negligence, the Defendant caused the death of the victim with acute respiratory suspension due to damage to the two parts of the H convalescent Hospital located in Seoul Special Metropolitan City, Nowon-gu. Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the witness I, J and K in the second public trial records;

1. Entry of the witness and M in the third public trial protocol;

1. A survey report on each actual condition;

1. CCTV and black stuff images;

1. Application of Acts and subordinate statutes to death certificates, medical certificates, and medical certificates;

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. Determination on the assertion of the defendant and defense counsel regarding the selective imprisonment without prison labor for the punishment

1. The summary of the claim is that the defendant 5cm in the future moves the taxi so that the victim can easily leave the lower seat of the taxi, but the victim does not go beyond it.

Rather, the wife I of the victim gets on the back of the driver's seat and gets on the back of the driver's seat and gets on the victim alone.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

유사 판례

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