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(영문) 인천지방법원 2014.09.17 2014고단4443

교통사고처리특례법위반

Text

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

However, 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 driving a rocketing taxi.

On May 19, 2014, the Defendant driven the above vehicle at around 00:40,00, along the two-lanes from the south East-gu Incheon Metropolitan City E-do along the south East-gu Office.

It became the U.S. to the intersection.

At the time, there is a duty of care to make an internship at the permissible point of U.S. for drivers since it is night and a place where the center line of U.S. yellow-line is installed.

Nevertheless, the Defendant neglected this and led the victim F (Nam and 43 years old) who was driven by the victim F (Seoul and 43 years old) who was driving in the opposite part of the center line due to the negligence of the Defendant in order to proceed to the opposite line, to the left part of the Defendant’s vehicle, and caused the H driver’s I-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-on

The Defendant caused the death of the victim due to occupational negligence, such as scarcity, pelke, pelke, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, J and L;

1. Notification of the results of on-site photographs, black stuff images, and traffic accident analysis;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 2 (Death, etc. of Traffic Accidents) and the reduction area (4 to 10 months) of the reduction area (special mitigation) shall not be punished for any traffic accident, the scope of the recommended sentencing criteria and the general traffic accident types according to the sentencing criteria;

2. The defendant's fault in the decision of sentence is severe and resulting in the death of the victim.