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(영문) 서울서부지방법원 2014.11.11 2014고단1891
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing taxi.

On May 23, 2014, the Defendant driven the above taxi on May 23, 2014, while driving the four-lane road in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with four-lane roads from active duty-free area to the two-lanes of the above road.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive a motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant did not find out the victim F(48 years of age) who was crossing the road from the left side of the direction of the running of the Mad taxi as it is by negligence while neglecting the Jeonju-si, and did not discover the victim F(48 years of age) who was crossing the road from the left side of the mad taxi, and had the victim go beyond the floor with the body of the victim.

The Defendant caused the foregoing traffic accident and caused the victim to die with brain livering surgery due to cerebral transfusion and cerebral surgery in the National Health Insurance Hospital of the National Health Insurance Corporation, which is located in 100 U.S. Mangsan-dong, Mangsan-dong, Mangsan-ro, and 10:37 on June 12, 2014 during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A medical certificate of death;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Application of Acts and subordinate statutes to investigative reports (the analysis of video recording devices in vehicles);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., the circumstances on which the reasons for sentencing are indicated below) is [the scope of recommendation] of the general traffic accident category 2 (In the area of mitigation (from April to October) (special mitigation) of the mitigated area (the victim] also has considerable negligence in the occurrence of traffic accidents or the expansion of damage (the decision of sentence] of the victim’s death because the defendant neglected his/her duty at the front time during his/her driving.

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