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(영문) 서울남부지방법원 2015.01.23 2014고단3623
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

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

On August 12, 2014, the Defendant driven the above car at around 01:30, and led to a two-lane road in the south of the Seoul Western-ro, Yeongdeungpo-gu, Seoul, Seoul, to the speed of about 85 K at about a speed of about 85 K in the direction of the Mapo-gu.

At the time, since it is night and its restricted speed is 60 K km a hour, there was a duty of care to prevent accidents by complying with the vehicle line and restricted speed, and operating the steering system and brakes accurately.

Nevertheless, the Defendant neglected this and found the victim E (age 55) who crosses the road from the left side to the right side at a speed exceeding 25 K km per hour, and operated the Hand to the right side in order to avoid this. However, the Defendant did not avoid it and did not go beyond the ground by taking the right side part of the said victim's taxi.

Ultimately, at around 03:58 of the same day on the same day as above, the Defendant caused the death of the victim who was receiving treatment in the emergency room of the Katol University, Yeongdeungpo-gu, Seoul, 63 10-ro, by means of low blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

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, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] of general traffic accidents in general, where the victim is negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage), the victim is admitted to a taxi mutual aid association [including decisions on the suspended sentence].

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