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(영문) 서울남부지방법원 2018.11.06 2018고단4344
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 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 the duty of driving a rocketing individual taxi.

On August 9, 2018, the Defendant driven the above vehicle around 04:35, and led the frontway of Yeongdeungpo-gu Seoul Metropolitan Government D along the two-lanes between the three-lanes in the direction of the shooting distance of the friendly apartment at the seat of the new road plaza.

At the time, at night and at the place where an intersection is installed, the driver of the vehicle has a duty of care to properly see the front section and the left and right, and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant did not discover the victim E (56) who illegally crosses the road from the left side of the vehicle in which the Defendant is driving, while neglecting the above duty of care, and did not discover the road from the left side of the vehicle in which the Defendant is driving, and received the victim from the front part of the vehicle in which the Defendant is driving.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging two parts and chests.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to dead bodies;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] In the case where the victim was at considerable fault in the occurrence of a traffic accident or the expansion of damage even in the area of special mitigation (two months to one year), the victim is not subject to punishment (including efforts to recover damage) [the decision of sentence], although the defendant agreed with the victim's bereaved family members, and the victim's unauthorized crossing without permission is the cause of an accident, there is a significant and significant result of the traffic accident and the defendant's violation of the defendant's

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