beta
(영문) 인천지방법원 부천지원 2017.12.01 2017고단2354

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 July 14, 2017, 02:02 around 02:02, the Defendant proceeded along the five-lanes of the road in the front of the D, Seocheon-si, the two-lanes of the road in front of the D, in a prudented distance room.

At the time, it is night and located at a speed of 60 km/h, and in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and found the way to the right side from the left side of the defendant's moving direction to the right side of the victim E (e.g., 21 years old) later and immediately operated it. However, the defendant did not avoid the situation and did not go to the right side of the victim's moving to the left side of the taxi driving by the defendant.

Ultimately, the Defendant caused the death of the victimized person due to the above occupational negligence, such as the escape of the body of the dunes and the cerebral cerebral cerebral ties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal investigation report (investigation, such as circumstances of accidents);

1. A survey report on actual conditions;

1. Protocol of inspection;

1. The traffic accident analysis report of the Road Traffic Authority;

1. A protocol of seizure and a list of seizure;

1. A death certificate;

1. Records of other coaches;

1. Application of Acts and subordinate statutes to images of black stuffs, photographs at the scene of accidents, and photographs of victims;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [the scope of recommended punishment] is the case where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage even for the victim in the area of special mitigation (two months to one year).