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(영문) 의정부지방법원 2018.10.30 2018고단3179
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

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

On October 6, 2017, the defendant driving the above vehicle around 20:24, and driving the two lanes of the five-lane road in Yongsan-gu Seoul Metropolitan Government, Yongsan-do, Seoul, along the direction of this village from the boundary of the Dong-dong.

At the time, since it was night and around, there was a duty of care to prevent accidents by accurately manipulating the steering right and the steering and steering system to the person engaged in driving business.

Nevertheless, the Defendant neglected this and did not properly look at the right side of the front side of the vehicle, and shocked the bridge of the victim E (55 years) who was a fright side from the left side of the Defendant's running direction to the right side of the road without permission, into the front part of the vehicle.

Ultimately, the Defendant caused the victim to die at around 20:31 on the same day by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A traffic accident report;

1. Police seizure records;

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

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 fines concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence lies in the occurrence of a serious consequence of the victim’s death due to the instant traffic accident.

However, the accident place is set up at the center of the road as a round-down 10 lane, which is set up in the center at the center of the road. While the defendant was set up at night at night, it seems difficult to anticipate that people will cross the road without permission beyond the center of the 10 lane of the above round-down 10 lane, and the victim's negligence of crossing the unauthorized road beyond the center of the 10 lane of the road at night is large.

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