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(영문) 서울중앙지방법원 2018.05.02 2018고단627
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years 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 October 24, 2017, at around 00:20, the Defendant proceeded at a speed of about 81km from the 5-lanes in front of Gangnam-gu Seoul, Seoul, to the intersection of the Nariamn Sick Sick Sick in Gangnam-gu to the speed of about 81km in speed.

At the time, crosswalks were installed, and the speed limit is 60 km speed, so the person engaged in driving service has a duty of care to ensure safety by complying with the speed limit.

Nevertheless, the Defendant neglected to do so and got off the speed exceeding 21 km per hour, and was able to take off the victim F (34 Do) crossing the crosswalk from the left side of the Defendant’s proceeding to the right side.

Ultimately, the Defendant caused the death of the victim in his/her job by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Chapter 2 Acts and subordinate statutes, such as a traffic accident analysis report, CCTV image data, taxi booms CDs, etc.;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (The confession, agreement, record of crimes, etc.);

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