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(영문) 서울중앙지방법원 2019.10.18 2018고단6438
교통사고처리특례법위반(치상)
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

Reasons

Punishment of the crime

On June 7, 2018, the Defendant: (a) driven B rocketing taxi around 21:30 on June 21, 2018; and (b) was running along two-lanes from the intersection to the intersection of the subway station located in Jung-gu, Seoul, Jung-gu, the Defendant got the victim C (ma, 67 years of age) who was going back to the right side on the front side of the Defendant at night, but was negligent in failing to perform his/her duty at the front side while driving the taxi, and was going through two-lanes from the intersection to the intersection; (c) the victim C (ma, 67 years of age) was the left side of the taxi driver.

At around 18:14 on July 6, 2019, the Defendant caused the victim to die with a multiple long-term surgery due to dativity surgery in the E Hospital located in Gyeonggi-gu E Hospital located in Gyeonggi-gu.

Summary of Evidence

1. The defendant's partial statement in court (the victim's shock and denial of duty of care);

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. The result of CCTV viewing;

1. The death diagnosis report (CCTV viewing result may be recognized that the victim is crossing the Defendant’s vehicle at night even though the victim is not a pedestrian crossing signal. However, the point where the traffic accident occurred was centered in the city where street lights turn fast, and the victim can confirm the fact that the victim was shocked at a two-lane point near the edge of the road in the governance of a considerable part of the road across the six-lane road. In light of this fact, if the Defendant faithfully faithfully performs his/her duty on the front side, it is likely that the accident would have been prevented or at least would have been prevented until the victim would have died. The fact inquiry reply written by the head of the regional headquarters of the Road Traffic Authority by the head of the regional headquarters of the Seoul Special Metropolitan City Road Authority does not interfere with this recognition).

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts.

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