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(영문) 서울중앙지방법원 2018.08.16 2018고단2500
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving a rocketing taxi.

On February 27, 2018, the Defendant driven the above vehicle around 22:01, and driven the above vehicle into four lanes in the direction of the shooting distance in the remote distance of the station in which the Defendant completed the front road of Seocho-gu Seoul, Seocho-gu, Seoul.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes, etc. of the motor vehicle, and to safely report the traffic situation of the front bank and to prevent the accident in advance.

Nevertheless, the defendant did not discover the victim F(52) who was on the four-lane road in front of the road by negligence while neglecting this, and did not discover the victim F(52). The victim's head was faced with the victim's head in front of the right side of the defendant's vehicle by shocking the victim's head in front of the right side of the vehicle.

Accordingly, around March 24, 2018, the Defendant caused the victim to die due to the foregoing occupational negligence, such as brain livering expenses and severe cerebral cerebralop, etc. at the Dongjak-gu Seoul National University Hospital, 102 Central University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on a traffic accident (written investigation 1, 2);

1. On-site photographs;

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 ordered for the reasons under Article 62(1) or more of the Criminal Act, such as the suspension of execution (the fact that there is an agreement with the bereaved family members, the depth of the agreement, and the circumstances that may be considered in the course of the accident);

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