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(영문) 서울북부지방법원 2016.09.29 2016고단270
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

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

On October 19, 2015, the Defendant driven the above taxi on October 16:42, 2015, and driven the two-lane road in front of the Seoul Central-gu Seoul Central-gu Seoul Central-distance Road along a one-lane radius from the schill road of the middle-gu Central-distance Road.

In such a case, even if the defendant engaged in driving of a motor vehicle does not enter a place where entry is prohibited by a safety sign, due to the negligence of business in which the safety zone was invaded and the victim D (17 tax) driver who was in a safe zone in the rear side was completely left by the left side of the motor vehicle driver.

Ultimately, around 00:15 on December 6, 2015, the Defendant caused the death of a victim, who was under the follow-up treatment at the Seongbuk University Hospital located in Seongbuk-gu Seoul National Medical Center, due to the above occupational negligence, due to brain training.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G certification;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

1. Taking into account the following circumstances: (a) the scope of recommendations based on the sentencing guidelines for traffic crimes for the reasons of sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act; (b) the Defendant has no other criminal record, except for one case of a fine for this type of crime in 2005; (c) the vehicle driven by the Defendant is insured by the taxi mutual aid association; and (d) the result of the damage in this case is very significant and the victim’s

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