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(영문) 서울동부지방법원 2018.09.20 2018고단447
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a rocketing taxi.

On January 19, 2018, the Defendant driven the above taxi on January 19, 2018, and led the front of the 45 astronomical Party, Songpa-gu Seoul, to a diving from the direction of the Song-gu Office.

The Defendant neglected the duty of her on the front, and caused the damage to the road due to the shock by the excessive negligence in contravention of the speed limit. The Defendant took the right side side side of the victim E (V, 78 years old) crossing the road from the left side of the course of the collision to the right side of the said road.

Around 01:58 on January 20, 2018, the Defendant had the victim of the said shock and caused the victim to die with cerebral cerebral cerebralculars Office in Songpa-gu, Songpa-gu, Seoul Olympic Games 43:8,000,000 Gamsan-si, Gyeonggi-gu, Gyeonggi-si, Japan-si, and 27,07:16.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the Road Traffic Management Corporation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service did not reach an agreement with the victim, who is of heavy responsibility due to the serious result leading up to the death of the victim, but at the time of the accident, the victim's negligence is considerably high, such as entering the crosswalk at the same time as green flickerings, and crossing the crosswalk in the direction of the stop line, even though crossing signals in the course of passing through the center line, etc., even though the crossing signals have been obstructed, the vehicle driven by the defendant is covered by the taxi insurance and the bereaved family is paid the compensation, there is no history exceeding the fine, and the defendant is the defendant.

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