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(영문) 서울남부지방법원 2017.11.16 2017고단4021
교통사고처리특례법위반(치사)
Text

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

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 driving a cab.

On May 26, 2017, the Defendant driven the above taxi at around 23:50 on May 26, 2017, and proceeding three lanes in front of the F in Yangcheon-gu Seoul Metropolitan Government, with one lane from the string distance to the string distance, and led to a change of course to the left-hand turn.

At the time of night, there was a duty of care to prevent accidents in advance by reducing speed for those engaged in driving service and properly manipulating the steering direction and brakes, and accurately manipulating the steering direction and brakes.

Nevertheless, the defendant neglected this and found the victim G (60 years old) to the right side on the left side due to the negligence of proceeding at the same speed, which led to the defendant's failure to take it over the floor by obtaining the victim's left side bridge and face from the front part of the defendant's taxi and the front part of the glass.

Ultimately, around May 27, 2017, at around 02:16, the Defendant caused the death of the victim due to serious brain damage at the Egynae Hospital located in Yangcheon-ro, Yangcheon-gu, Yangcheon-gu, Seoul and at the Badong Hospital affiliated with the university.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of response Acts and subordinate statutes, such as a survey report on actual condition, an accident scene photograph, a suspect and a suspect vehicle photograph, a report on internal investigation (blue vehicle box image screen), a photograph, death certificate, and a traffic accident analysis report by capturing a black image;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act lies in the occurrence of a serious consequence of the victim’s death, but there is some negligence of the victim in the occurrence of an accident while the victim was crossing without permission at night.

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