(영문) 서울남부지방법원 2019.01.10 2018고단4523

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.01.10 2018고단4523

교통사고처리특례법위반(치사)

Text

Defendant

A shall be punished by imprisonment without prison labor for a period of three years and six months.

Reasons

Punishment of the crime

Defendant

A On May 19, 2018, around 00:53, 00:53, while driving a rocketing taxi, A, which was located in the 7th of Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu War Prisoners of war, was straighted in the direction of the field of the marpo in the direction of the marpo.

At night, it was a 6-lane road from the 3rd line, and it was installed with the center line of the yellow-ray. In such a case, there was a duty of care to see the front line in the vehicle driver and to prevent the accident in advance by driving the center without harming the center line.

Nevertheless, Defendant A neglected this and got the victim over the floor by taking the front part of the Dmotor bicycle driven by Defendant C (the age of 36) who was driven by Defendant C (the age of 36) along the three lanes from the direction of the proceeding and the opposite direction.

As a result, Defendant A suffered from the injury to the victim’s chest and part-time due to such occupational negligence, and thereby, Defendant A caused the victim’s death at the F Hospital located in Yeongdeungpo-gu Seoul, Seoul, around 02:58 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G, H and I;

1. A traffic accident report;

1. Blukbbox cream;

1. The application of Acts and subordinate statutes to a death certificate, autopsy report, and autopsy report;

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

1. Grounds for sentencing of selective imprisonment without prison labor;

1. A person under special circumstances (1 to 3 years) with respect to the aggravated area (1 to 8 years) of the types of general traffic accidents, the scope of the recommended punishment shall be limited to the case where the illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or the case of

2. The fact that there is no criminal history more than that of the suspended execution related to the decision making of sentence, and that there is an automobile insurance policy; and

참조조문

-교통사고처리 특례법 제3조 제1항

-교통사고처리 특례법 제3조 제2항

-형법 제268조

유사 판례

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