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(영문) 서울중앙지방법원 2016.06.08 2015고단7135
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Csi.

On August 22, 2015, the Defendant driven the above taxi on August 2, 2015, and proceeded at a speed of about 76 km from the end to the end of the 3rd line of the 4rd line in front of E members in Jongno-gu Seoul, Jongno-gu, Seoul, at a speed of about 3 km from the end of the 3rd line to the end of the 2nd parallel.

At the time, a crosswalk is installed at night and at the front, so in such a case, the defendant engaged in driving of a motor vehicle has a duty of care to check whether there is a person who gets on the way to reduce the speed and to check well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle and prevent the accident.

Nevertheless, due to the negligence of neglecting this, the Defendant discovered the victim F, who was crossingd from the left side of the front side of the road crossing in the direction of the course to the right side of the pedestrian, immediately before the collision, and immediately after the collision, and was operated in order to cause damage to the vehicle, but did not avoid the situation, and caused the victim to go beyond the victim's bridge side with the front part of the taxi driving of the Defendant, and caused the victim to die due to dive credit, etc. at the Gangnambuk Samsung Hospital located in Jongno-gu Seoul, Jongno-gu, Seoul, 29 at around August 22, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on investigation (in cases of an accident involving a victim, cases of confirmation of walking location);

1. Comprehensive traffic accident analysis replies;

1. 21 copies of the skin vehicle and on-site photographs;

1. Application of Acts and subordinate statutes to death certificates;

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

1. The defendant's assertion and judgment on the defendant's alternative imprisonment without prison labor, and at the time of the instant traffic accident, the minimum suspension distance of the above taxi is 39.6m.

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