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(영문) 춘천지방법원 원주지원 2015.07.08 2015고단402
교통사고처리특례법위반
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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 driving of a small-type taxi in C.

On March 12, 2015, the Defendant driven the 41 year old taxi on the 00:11, on the 41st day of March 12, 2015, while driving the 41 year old taxi with the victim D (the 41 year old), and driving the 100-km speed from the sponsor of the comprehensive sports site located in the sponsor-dong in the city of the original city to the sponsor of the sponsor

The location is a three-distance intersection, and the restricted speed was 70 km per hour, and the victim E (e.g., 58 years old) was crossing the above road, and in such a case, there was a duty of care to comply with the restricted speed and prevent accidents in advance by driving on the front side and left well.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding 30 km every hour, etc., and received the victim E’s body part as the part of the above taxi driver’s seat.

The Defendant, by such occupational negligence, caused the death of the victim E due to the symptoms of serious brain damage in the relevant job, and at the same time, suffered injury to the victim D, such as satise, tensions, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1), (2);

1. A corpse inspection report, autopsy report, diagnosis report, and comprehensive traffic accident analysis report;

1. Application of statutes on site photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier Crimes);

1. Sentencing is not applicable inasmuch as the reasons for sentencing of selective imprisonment without prison labor are mutually concurrent crimes.

In this case.

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