logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.01.10 2016고단3514
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving of a taxi of Ddozers individual taxi.

On September 24, 2016, the Defendant driven the above taxi on the 23:56th day of September 24, 2016, and sent it to the next two-lanes from the Roi-ri side of the public morals to the new village along the three-lane Don-ri, Mapo-gu, Seoul.

Since there is an intersection where a signal, etc. is installed, the driver had a duty of care to safely drive the vehicle by checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the front part of the victim E(23) driver’s 125cc U.S. driving on the two-lanes from the right edge of the opposite direction to the right edge of the air-line in the direction of the two-lanes from the right edge of the opposite direction by negligence in violation of the signal, even though the traffic signal of the front side is straight, as even the front part of the front side of the said taxi.

Ultimately, the Defendant caused the death of the victim at around 00:16 on September 25, 2016 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. A criminal investigation report (as to photographs damaged by an accident vehicle), and a criminal investigation report (as to an on-site investigation of an accident);

1. Written records of autopsy and death records;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment, general traffic accidents, death of traffic accidents, and mitigation area: Imprisonment without prison labor for not less than April to one year: No punishment shall be imposed;

2. Grounds for negative consideration of the decision on the suspension of execution: A major reason for death positive: A general reason for which no positive consideration exists, clearly for social ties, serious reflection, or no longer for suspension of execution.

arrow