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(영문) 서울중앙지방법원 2018.04.26 2018고단1187
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing taxi.

On December 9, 2017, the Defendant driven the above taxi on December 05:45, 2017, and continued to drive a three-lane road in front of the E building located in Dongjak-gu Seoul Metropolitan Government D from the Han River (hereinafter referred to as the “Seoul”) to the direction of the Nowon-gu in the parallel of Han River by two lanes each other.

At the same time, there are many pedestrians who are in the crosswalks, so that they had a duty of care to safely drive the motor vehicle by checking whether there is pedestrians, etc. by reducing speed and properly checking the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim F ( South, 67 years old) who dried the crosswalk in violation of the signal from the left side of the running direction of the Mad taxi in the right side of the mad taxi, and did not discover the victim F ( South, 67 years old). The Defendant received the victim from the front part of the mad taxi and had the victim exceeded the floor.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Central University Hospital located in Dongjak-gu Seoul Metropolitan Government, 102, which was under the treatment of the victim after around December 9, 2017, due to the diversified damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. It shall be decided as per the disposition for not less than Article 62 (1) of the Criminal Act, on the grounds of suspended execution (the fact that an agreement is made with the bereaved family members, and the negligence of the victim has a significant impact on the occurrence of the case);

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