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(영문) 서울중앙지방법원 2016.09.07 2016고단3611
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On November 19, 2015, around 00:27, the Defendant continued three-lane roads in front of the re-dong point of one bank in Jongno-gu Seoul Metropolitan City, Jongno-gu, Seoul, with three-lanes from the national border distance protection area to the national border distance protection area, at a speed of about 10 kilometers per hour.

At the time, she was placed around the night, and there is a place where people pass through the airport bus stop. In such a case, the driver of the vehicle has the duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear, while the driver of the vehicle has the duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and found the victim D(the age of 56) which was unbread down to the right side of the three-lane due to negligence, and tried to change the two-lane to avoid this, but the Defendant did not avoid it. However, the Defendant was hicking the victim with the front right side of the taxi driving by the front wheeler of the taxi and knicking the victim with the victim's chest and the head wheels.

Ultimately, the Defendant caused the death of the victim in the above occupational negligence, i.e., the injury to the scarcity and clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. 교통사고보고⑴⑵

1. A report on internal investigation (related to a black box image), a C (G transportation) video CD-fabbling data, and a photographic of a police officer accompanying the first on-site visit;

1. Each request for appraisal (Serial 28,29 of the evidence list);

1. Comprehensive analysis replies of traffic accidents;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. Suspension of execution may lead to the instant crime under Article 62(1) of the Criminal Act.

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