(영문) 서울중앙지방법원 2014.09.24 2014고단1796

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.09.24 2014고단1796

교통사고처리특례법위반

Text

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

except that 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 who is engaged in the duty of driving E-si.

On September 29, 2013, the Defendant driven the above taxi on September 00:34, 2013, and driven the road in front of the old bridge near Namsan 1 tunnel from the southsan 1 tunnel to the intersection, the two-lane from the southsan 1 tunnel 2-lane to the intersection, at a speed of about 50 kilometers per hour, depending on the two-lanes of speed.

At night, in the middle of the median line between the two-lanes, the victim F(22 years of age) was used on the drunken sea floor. In such a case, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as reducing speed and operating the brake well, and operating the brake system accurately.

Nevertheless, the Defendant neglected this and continued to drive the victim under the lower part of the vehicle of the said taxi without giving a speed to the front, while moving the vehicle from a two-lane to a one-lane, and did not discover the victim of the said vehicle, and received the head and body parts of the victim who was used as the front part of the Defendant’s vehicle, and continued to drive the victim under the lower part of the said taxi without giving a speed.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the heart and the multi-presidential organ.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. A written autopsy report and a written autopsy and appraisal report;

1. Application of the Acts and subordinate statutes governing black stuffs and images;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. April to October of the amount of recommendations given on the sentencing criteria; and

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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