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(영문) 서울동부지방법원 2019.06.12 2019고단474
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On November 29, 2018, the Defendant driven the above taxi on November 29, 2018, and led to the speed of about 66 km from the Sungdong-gu Seoul Metropolitan Government to the military intersection with about 66 km.

At the time, night, the restricted speed of the location is 40 km per hour, and the taxi was parked in the front opposite lane of the suspect, so in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance, such as the prediction that the passengers getting from the taxi would cross the road, compliance with the restricted speed, and accurate operation of the steering and steering system.

Nevertheless, the Defendant neglected this and operated the above road on the right side from the left side by neglecting the speed of speed exceeding 26 km per hour without living well ahead of it, and operated it to the left side to find it late after the victim C, and to avoid this, but the Defendant did not avoid it and did not go beyond the ground by receiving the part of the bridge of the victim from the taxi driver.

Ultimately, around November 29, 2018, around 08:06, the Defendant caused the victim to die with severe brain damage in the emergency room of the hospital located in Seongdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate, operation record analysis, and traffic accident analysis report;

1. Application of Acts and subordinate statutes on site photographs and black booms site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The occurrence of a serious infringement of legal interests, such as the death of the victim due to the instant traffic accident, and the defendant shall be urged from the bereaved family members of the victim.

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