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(영문) 서울북부지방법원 2018.05.31 2018고단1141
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On November 3, 2017, the Defendant driven the above taxi on the 00:05, and proceeded at a speed of about 60 km from the parallel of the lower-lane 1127, Seoul Special Metropolitan City, Nowon-gu, to the lower-lane 2 lane, and from the lower-lane 1 lane to the rollingn station, the Defendant proceeded at a speed of about 60 km per hour.

At the time, it was night and located underground vehicular road, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and brake system of the vehicle while living well on the front side and the left side of the vehicle.

Nevertheless, the Defendant neglected this and failed to discover the victim D (22 ) who was living alone on the road due to the negligence of driving it on the road while driving it on the road as it was, and did not find out the victim D (22 ) who was living alone on the road, and the Defendant served the victim with the wheels on the left side of the taxi driving by the Defendant.

Ultimately, around 00:35 on November 3, 2017, the Defendant caused the victim to die with multiple long-term damage on the roads of the lower-lane underground roadway in Seoul Special Metropolitan City, Nowon-gu, the same as Seoul Special Metropolitan City, in the second-lane road.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. A death certificate;

1. Application of the statutes on traffic accident analysis;

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 (the occupation of occupational and dental doctors), and selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)) (Article 62(2) of the Act on the Punishment, etc. of Specific Traffic Accidents) [Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1))

The defendant is obliged to take the initiative of the defendant.

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