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(영문) 인천지방법원 2016.07.21 2016고단1950

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a taxi for business use C.

On March 5, 2016, around 02:05, the Defendant proceeded on three-lane roads in front of the Seo-gu Incheon Metropolitan City D, Seo-gu, Seo-gu, with two-lanes from the 1st high-speed intersections to the north port.

There are frequent traffic of people. At the time, the victim E (46) was placed on the front side of the Defendant’s vehicle, so in such a case, there was a duty of care to prevent accidents in advance by driving the steering gear and operation of the steering gear in a safe way by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and the steering gear without accurately operating the steering gear and the steering gear, and served the victim with the front wheels of the taxi.

As a result, the Defendant caused the death of the victim by occupational negligence as above from the South-dong Hospital of 774, Nam-gu, Incheon, Namdong-gu, Incheon, to the brain side and the multi-presidential long-term side.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. A death certificate;

1. A written appraisal of autopsy;

1. Application of CCTV-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the same Act, the Defendant, as a taxi driver, has neglected his/her duty of care to comply with the traffic-related Acts and subordinate statutes even though he/she had a duty of care to do so, resulting in the death of the victim who was on the front side of the driver’s vehicle and caused the death of the victim.