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(영문) 서울남부지방법원 2013.10.11 2013고단2738
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years 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 Cro-cab.

On July 11, 2013, the defendant driving the above taxi around 05:10, and driving the six-lane of the 152-3 Do Do 152-3, Geumcheon-gu, Geumcheon-gu, Seoul with four-lanes of the Do 152-3 Do Do Do 152-3 from the Do Do Do Do Do Do Do Do Do Do 13

At the time, the road was at night and its speed was 70 kilometers per hour, so there was a duty of care for the person engaged in driving duty to safely drive the motor vehicle by taking the front left well and observing the speed limit.

Nevertheless, the defendant neglected this and found the victim D (W, 44 years old) who was crossing the above road on the right side from the left side of the direction of the defendant's course due to the negligence of driving beyond the limited speed, and did not avoid it, and had the victim go beyond the ground with the victim's body side above the left side of the defendant's taxi.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die from a low blood shock shock by blood sule, etc. at the F Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government E around July 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the defendant is the first offender, the defendant is admitted to the taxi mutual aid association, the bereaved family members of the victim have agreed smoothly with the bereaved family members, and the victim has been negligent in crossing the road six-lanes without permission);

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