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(영문) 서울중앙지방법원 2013.06.28 2013고단2401
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 the business of driving a DK5 taxi, which is owned by C in charge of the merger.

On March 29, 2013, at around 04:10, the Defendant driven the above taxi and proceeded at approximately 95 km in the speed of 729km-dong Seoul, Gangnam-gu, Seoul, along the two-lanes from the waterside to the waterside.

At the time of night, there was a crosswalk in which signal lights are installed in front of the defendant's proceeding direction, so in such a case, there was a duty of care to observe the signal to the person engaged in driving business, to look well at the front and safely, and to prevent all traffic accidents from spreading.

Nevertheless, the Defendant neglected this and neglected to violate the stop signal of the crosswalk and 70 km a speed exceeding 20 km a speed exceeding 10 km a speed exceeding 20 km a speed, and the Defendant shocked the victim E (V, 54 years old) on the front part of the taxi driving by the Defendant.

Ultimately, at around 11:40 on March 30, 2013, the Defendant caused the death of a victim at G Hospital located in Gangnam-gu Seoul Metropolitan Government F due to brain ties, cerebral blood, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on investigation (a photograph of the fact of violating speed and signal);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] General Traffic Accidents, Type 2 (Special Aggravation of Traffic Accidents Death, etc.): In cases where illegality in the proviso of Article 3(2) of the Special School Act is serious, factors for mitigation: In such cases, the defendant is a victim who is a pedestrian while proceeding in excess of signals on a crosswalk on a new wall and driving ahead.

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