(영문) 서울중앙지방법원 2016.09.30 2016고합77

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(영문) 서울중앙지방법원 2016.09.30 2016고합77

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Dstststa taxi, and E is a person who is engaged in driving of FK5 taxi.

On March 8, 2015, the Defendant driven the above rocketing taxi on March 8, 2015, and proceeded at about 90 km in the speed of the city according to three-lanes in the vicinity of the bankruptcy shooting distance between the two sides of the Seoul Gangnam-gu, Seoul. E driving the above K5 cab, followed the Defendant’s rocketing taxi, followed by the Defendant, and proceeded at about 78 km in speed.

At all times, the speed limit is 60 km per hour, and at the same time, it was not easy to secure the view at night. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering gear and brakes accurately by operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and found the victim H (29) who was crossing the said road without permission on the right side from the left side of the running direction of the Defendant at the time when he did not look at the speed exceeding 30 km per hour, and did not look at the speed of 30 km above the right side of the Defendant, and operated the steering gear to the right side in order to avoid this, but operated the steering gear to the right side, but did not avoid it, and went beyond the ground by taking the victim's right side on the left side of the back of the Defendant’s Hasta Hasta-si, and followed it.

E received the upper part of the victim’s head head going beyond the road as above in front of the left side of the said K5-si.

After all, the defendant jointly with E caused the death of the victim due to the above occupational negligence, which caused the death of the two severe damage in his/her job.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J, K, and E;

1. A protocol concerning suspect interrogation of the accused in the police station;

1. The police of the defendant.

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