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(영문) 서울중앙지방법원 2016.10.17 2016고합774
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspension of the execution of six months of imprisonment with prison labor at the Suwon District Court on June 29, 2016 for a violation of the Farmland Act and the judgment became final and conclusive on July 7, 2016.

【Criminal Facts】

The Defendant is a person who is engaged in the operation of a rocketing taxi.

around 00:22 January 20, 2016, the Defendant proceeded three lanes (60km as speed limit) in front of 405 Seoul Central District, one of five lanes (60km as speed limit) in front of 405 Seoul Central District, from the boundary of the Seoul Intersection to the mountain basin, at a speed of about 76km.

At the time of night, there was no good view at night, and there was a crosswalk connected to the bus exchange center in Seoul Station, and there was a waiting room for those who want to walk the crosswalk, etc., and therefore, in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering gear, brakes, etc. by reducing speed and closely manipulating the steering direction and the right and the right and the right.

Nevertheless, the Defendant was negligent in neglecting the duty of care as seen above, and the Defendant did not find out the victim E (73 years old) who was standing the above crosswalk in the situation where the pedestrian signal is red, and did not immediately put the victim E (73 years old). However, the Defendant was faced with the victim as the front part of the above taxi.

Accordingly, the defendant caused the victim's death of the victim from the Gangseo-gu Hospital in Jongno-gu Seoul, Jongno-gu, Seoul, where he was under medical treatment on January 24, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Examination protocol of the accused by prosecution;

1. Traffic accident report(1)(1)(2)(2)(2)(2)(2)(2)(2)(2)(2)(3)(2)(3)(2)(2)(2)(2)(2)(2)(2)(2)(2

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