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(영문) 서울동부지방법원 2017.07.20 2017고단732
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaged in rocketing taxi driving.

On March 1, 2017, the Defendant driven the above taxi on March 1, 2015, and driven the roads of six lanes in front of G in Gangdong-gu Seoul Metropolitan Government F, with three-lanes from the remote distance protection area in the direction of the street, the Defendant continued to drive approximately 94km in the speed of 194km.

At the time, it is night and place at a speed of 60 km, so there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and operating the steering system accurately.

However, the defendant neglected this and caused the damage to the road by taking the right side of the victim H(36) who crosses the crosswalk on the front side of the taxi driving direction of the defendant while moving the speed more than 34 km speed per hour. The defendant taken the right side of the victim H(36) who crosses the crosswalk on the front side of the taxi driving direction of the defendant.

Ultimately, around 05:51 on the same day, the Defendant caused the death of the victimized person due to the above occupational negligence at the Damsung Hospital located in 150, Gangdong-gu Seoul, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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. Selection of a selective fine for punishment (the degree of negligence contributed to the death of a victim shall be taken into account, such as the fact that the victim was committed while crossing the red signal, that the defendant agreed with the bereaved family members of the deceased victim, that there was a mutual agreement with the Korean Private Taxi Mutual Aid Association, that the defendant is recognized as committing the instant crime, and that there was no criminal record for the same kind of crime)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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