(영문) 서울중앙지방법원 2018.05.03 2018고단1564

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(영문) 서울중앙지방법원 2018.05.03 2018고단1564

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

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

On February 4, 2018, the Defendant driven the above taxi at around 05:50, and proceeded along the three-lanes of the above three-lanes in the direction of the new line from the intersection of the public announcement to the Hanyang-ro, Jung-gu, Seoul, Seoul.

At the time, it is difficult to secure the night due to the late night, so there was a duty of care to accurately operate steering gear and brakes as a person engaged in driving of a motor vehicle, to carefully handle the traffic situation of the road, to carefully check the traffic situation of the road, and to prevent accidents in advance by safe driving.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead did not discover the victim D (the 82 years of age), which leads the handcil in the front bank, and instead did not discover the victim D (the 82 years of age), and got the victim to go beyond the ground.

As a result, the Defendant caused the death of the victim by driving the above taxi due to the above occupational negligence, thereby inducing the victim to die at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. A corpse inspection report and a corpse inspection report;

1. Application of accident video CD-related Acts and subordinate statutes

1. Where the victim was negligent in the occurrence of a traffic accident or the expansion of damage in the mitigated area (four months to one year) (the victim of a traffic accident) where the victim was also at fault due to the occurrence of a traffic accident or the expansion of damage in the mitigated area in the pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommended punishment] [the victim] where the victim was negligent in neglecting his/her duty of care to drive safely as a taxi engineer but the defendant did not agree with his/her bereaved family member, etc.,

However, the defendant.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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