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(영문) 인천지방법원 2019.08.28 2019고단4057

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On January 6, 2019, at around 05:13, the Defendant driven the above taxi on the front of the shooting distance of the city of the Nam-gu, Incheon, Nam-gu, Incheon, and continued to proceed to the south-gu office of the Southern-gu.

There was a concentration of apartment houses, houses, etc. around the past, and the victim C (the age of 83) was crossing the road without permission according to the crosswalk, and thus, there was a duty of care to prevent accidents by thoroughly manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant failed to discover the victim in advance due to the negligence of neglecting this, and caused the death of the victim at the E Hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, by taking the victim as the front part of the taxi and leaving the floor, which led to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to traffic accident analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a result of the death of the victim who was crossing the road, resulting in the death of the victim.

However, the victim is responsible for the occurrence of traffic accidents and the expansion of damage as the accident occurred while crossing the eight-lane lane from the new wall without permission.

The vehicles of the defendant are subscribed to the FF Financial Cooperative, and the defendant paid 30 million won and agreed with the victim's bereaved family members.

The defendant finds the victim late.