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(영문) 서울서부지방법원 2017.09.07 2017고단1032
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 December 4, 2016, at around 02:42, the Defendant moved the victim C (47 tax) and victim D (48 years of age) to the front seat of the F Hospital located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, a two-lane road in front of the F Hospital, which is located in Seodaemun-gu, Seoul, (48 years of age), was driven by the intersection at a speed of about 93 km in speed from the long-distance bank to the front seat of the Seodaemun-gu, Seodaemun-gu.

Since there is a road with a speed of 60 km per hour, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by complying with the speed limit.

Nevertheless, the Defendant neglected this and proceeded to keep the direction to the right side immediately in order to avoid the 100 occina, G 100 occin, which entered the above intersection by violating the signal at a speed exceeding 33 km per hour by negligence, and continued to conflict with the front part of the said cab with the front part of the said cab in order to avoid the above occina.

Ultimately, on December 4, 2016, the Defendant: (a) caused the death of a victim C who was on board the front seat of the said taxi due to the foregoing occupational negligence in the F Hospital located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on December 4, 2016; and (b) at the same time, caused the victim D, who was on the back seat of the said taxi, to suffer approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of H by the prosecution;

1. A copy of the traffic accident report (1) (2);

1. A copy of a medical certificate of D and a copy of a death certificate;

1. A copy of comprehensive operational details;

1. Application of Acts and subordinate statutes to a copy of a CCTV course;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), Article 3(1) and proviso of Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of occupational and dental doctors).

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