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(영문) 서울동부지방법원 2018.08.17 2018고단540
교통사고처리특례법위반(치사)
Text

Defendant

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

However, with respect to Defendant A, the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A is a person engaged in driving a rocketing taxi.

Defendant

A A On April 9, 2017, driving the above car around 02:27, and driving the three-lanes between five-lanes around Gangdong-gu Seoul, Gangdong-gu, Seoul, the two-lanes of the five-lanes in the vicinity of the city-speed 89km from the shooting distance protection to the long-distance slope of the road.

The location is a section with a speed of 60 km per hour, and at the time, the level of rain (Cumulative rainfall 0.5m) was milched, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle at a speed of 20% reduction of the highest speed while driving the motor vehicle at a speed of 60 km.

Nevertheless, Defendant A neglected to do so and neglected to do so, and followed the victim F (47 cm) who was crossing the road without permission from the left side of the vehicle in the direction of Defendant A to the right side of the road at a speed exceeding 48 km per hour, a speed exceeding 89 km per hour, the speed limit of the road in front of the front. However, Defendant A failed to avoid the situation, and caused the victim to go beyond the two-lane by shocking the victim’s right side bridge part of the front part of the vehicle in front of Defendant A.

B, while driving a G K5 vehicle and driving the two-lane on the above road, the victim's body was found to be late due to the preceding accident, but the victim's body was set up with the front driver's and left front wheels of the said K5 vehicle.

In the end, Defendant A caused the victim to die by the dysmical shock at the I hospital located in Gangdong-gu Seoul Metropolitan Government H at around 03:24 on the same day by negligence as above.

Summary of Evidence

1. Defendant A’s legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement to J or K;

1. A survey report on actual conditions;

1. A death diagnosis report, a response to a request for appraisal (a non-examination report, a list of evidence Nos. 18).

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