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(영문) 서울북부지방법원 2017.03.23 2016고단5868
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 engaging in driving a rocketing taxi.

On November 06, 2016, the Defendant driven the above taxi on November 19:25, 2016, and proceeded directly with the road of 134-dong, Gangnam-gu, Seoul, and the road of 3rd Do in front of the “Blue forest in North Seoul”, from the 2nd parallels of the month to the 80-km distance from the 2nd parallels.

At night, a sidewalk is installed by both sides of the road, so the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by observing the speed limit by checking well the right and the right of the front side.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim D (at least 74 years of age) who was crossing the right from the left side of the direction of the Defendant’s proceeding without permission, and did not avoid it, and received the victim in front of the right side of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the death of the victim by the negligence of the above occupational negligence, which led to the death of the victim to the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a survey report on the actual condition, photographs at the scene of accidents, 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. According to Article 62(1) of the Act on the Suspension of Execution, the instant accident occurred while the Defendant operated the instant accident beyond a limited speed, and considering unfavorable circumstances such as the occurrence of a serious consequence of the death of the victim of the instant accident, the Defendant recognized the instant criminal facts and reflects the mistake, the Defendant’s agreement with the bereaved family members, and the victim’s unauthorized crossing appears to have an impact on the occurrence of the instant accident, and the Defendant was punished for a violation of the Road Traffic Act around 1979.

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