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(영문) 서울남부지방법원 2013.10.01 2013고단2548
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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

(State)The Defendant is a person who is engaged in the operation of Drocketing taxi owned by C.

On June 15, 2013, at around 00:20, the Defendant driven the above taxi, and proceeded on three lanes in front of the building in Gangseo-gu Seoul, Gangseo-gu, Seoul Metropolitan City, the 681 enzymian Round-dong, at about 80km each hour from the sloping Station to the Yangcheon Confucian School Station.

At the time, it was difficult to see the front light due to the beam of the headlights of motor vehicles driving at night, and there was a duty of care to reduce the speed and drive the front line in good condition.

Nevertheless, the defendant neglected this and got a victim E (33 years old) who was a victim E (33 years old) who was driving on the right side from the left side of the running direction of the defendant, due to negligence of driving the taxi as it is.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in G University H Hospital affiliated to G University in Yangcheon-gu Seoul, Seoul, where the victim was under treatment at around 10:00 on June 19, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes governing video images of accidents;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that there is negligence of crossing the victim without permission, who violated the signal, joining the taxi mutual aid association, deposit five million won for his/her bereaved family members, and deposit two times the amount of fine

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