(영문) 서울서부지방법원 2018.10.04 2018고단2476

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(영문) 서울서부지방법원 2018.10.04 2018고단2476

교통사고처리특례법위반(치사)

Text

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

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 of the Dona-si.

On May 11, 2018, the Defendant driven the above vehicle at a speed of 117km from May 11, 2018, and driven the three-lane road in front of the building in Mapo-gu Seoul Metropolitan Government (excluding bus exclusive lanes) at a speed of 117km each hour along the two-lanes towards the airspace of the atmosphere.

At night and at that time, the location was a intersection where signal lights and crosswalks are installed at a speed of 60 km per hour, and in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as checking the right and the right and the right and the right and the right, and observing the speed limit.

Nevertheless, the Defendant neglected this and did not discover the victim F (the age of 74 at the time when he died) who was standing in the crosswalk in violation of the pedestrian signal from the left side of the running direction of the mashed Defendant at a speed exceeding 117km a speed of 57km per hour, and caused the victim's death due to multiple prolonged damage, etc. caused by traffic accidents in front of the above taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to death certificates and written opinions on autopsy;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The sentencing period under Article 62-2 of the Criminal Act of the community service order shall be determined as ordered by taking into consideration the following circumstances: (a) a sea vehicle with the reason for sentencing under Article 62-2 of the Social Service Order is affiliated with the Korean taxi mutual aid association; (b) an agreement with the victim’s bereaved family members; (c) a certain portion of negligence has been committed against the victim regarding the occurrence of

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