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(영문) 서울서부지방법원 2016.10.04 2016고단2550
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 CK5-type taxi.

On June 12, 2016, the Defendant driven the above taxi at around 00:35 on June 12, 2016, and led the front road to the 161 luminous intersection by resignation of Jongno-gu Seoul to go about about 40km each other at the speed of about 5 km from the direction of the hostile intersection to the intersection of the East Cross.

At the same time, since the night time is getting off and the front door of the night, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by reducing the speed and accurately operating the steering direction and brake system.

그럼에도 피고인은 이를 게을리 한 채 5차로로 차선을 변경하던 중 손수레를 잡고 도로에 서 있던 피해자 D(여, 80세)을 발견하고 이를 피하기 위하여 핸들을 좌측으로 조작하였으나, 미처 피하지 못하고 피고인의 택시 우측 앞 범퍼로 피해자를 들이받아 피해자가 도로 우측 보행섬 인도로 튕겨져 나가게 하였다.

Ultimately, at around 00:54 of the same day, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the Jongno-gu Seoul Southern Hospital, Jongno-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing CCTVs, which transport information to Blue vehicle booms, CDs, or luminous intersections;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. General traffic accidents, death of traffic accidents, and area where punishment is not imposed: Four months to one year; or

2. According to the circumstances that the decision of punishment of this case resulted in a serious result of the death of a victim due to the traffic accident of this case, the defendant repented his mistake.

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