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(영문) 인천지방법원 2015.07.15 2015고단2431

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing taxi vehicle.

On March 7, 2015, the Defendant driving the above vehicle at around 03:15, and driving the vehicle at the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, 168-ro 4, a 3-lane, at the entrance of the Incheon Medical Center, led to approximately 40 km from the Incheon Medical Center to the speed of 40 km.

At all times, as an intersection where signal apparatus and crosswalk are installed, there was a duty of care to reduce speed and prevent accidents by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the defendant neglected this and got the victim D (year 72) who crosses the crosswalk from the left-hand side to the right-hand side of the crosswalk in accordance with the pedestrian signals due to the negligence of driving it in violation of the signal, which goes beyond the floor by shocking the right-hand side of the above vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as the external depression.

Summary of Evidence

1. Defendant's legal statement;

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

1. Photographs;

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

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds [Scope of Recommendation] for sentencing of imprisonment without prison labor [Article 2 of the Criminal Act], the mitigation area (Article 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Case of Criminal Crimes (Article 4-10) [Article 2] [Article 3 of the Act] (Article 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Article 4-10)] [Special

However, this case caused the defendant to die by shocking the victim who was normally crossing the green signal of the crosswalk in violation of the signal, and even at night, there is no special obstacle in the front, and if the defendant paid a little attention, the accident is caused.