(영문) 서울남부지방법원 2018.04.24 2018고단1125

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(영문) 서울남부지방법원 2018.04.24 2018고단1125

교통사고처리특례법위반(치사)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-si.

On January 7, 2018, the Defendant driven the above taxi on January 21:51, 2018, and proceeded at a speed of about 80 km in Si speed from the breadth of the new road to the eropode of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

At the time, night and its range limit is designated as 60 km speed, so there was a duty of care to prevent accidents by complying with the restricted speed and accurately manipulating the steering gear and brakes while living well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this and found the victim D(53) who crosses the roadway to the right side from the left side due to negligence of neglecting the 80km in front of the taxi, and found it late to the left side, and had the victim go beyond the floor on the left side of the taxi operated by the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence on January 8, 2018 at the Central University Hospital around 00:03, which caused the death of the victim due to severe damage to the uniforms of evidence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. An analysis of traffic accidents by the Road Traffic Authority;

1. Stackers and CDs, etc.;

1. A report on investigation (the details of operation of a taxi that drives a suspect);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Act No. 2 (Death by Traffic Accidents) [the victim] of Article 62(2) [the victim] of Article 62(1) [the victim] of Article 62(2) [the victim] of Article 62(1) [the victim] of Article 62(2) [the victim] of Article 62(1) [the victim] of Article 62(1) [the victim] of the Act shall not be punished

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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