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(영문) 인천지방법원 2015.01.28 2014고단9269
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 D private taxi.

On October 29, 2014, the Defendant driven the above vehicle at around 02:30 on October 29, 2014, and led the front road of the wallsan apartment of the Nam-gu, Incheon to the front of the 924th prisoner of war, Nam-gu, Incheon, to the front side of the bitrari farm.

Since a crosswalk is installed at a front door, the driver has a duty of care to prevent the traffic accident by driving the motor vehicle safely and driving the motor vehicle safely after carefully examining whether or not the motor vehicle driver is a person.

Nevertheless, the Defendant was negligent in driving the above taxi and received the body part of the victim E (the age of 34) who was standing the above crosswalk as the front side of the above taxi due to negligence.

As a result, the Defendant had the victim die due to the 02:43 of the same day after the hospital 02:43.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Notification of the results of analysis of each photograph and traffic accident;

1. Application of Acts and subordinate statutes on a written autopsy;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In the case where the victim was at considerable discretion in the area of special mitigation (two to ten months) (special mitigation) (special mitigation) within the scope of recommending punishment for a traffic accident of the class II (the death of a traffic accident) and the victim was at fault (the crossing in the night red signals) and the victim was not subject to punishment;

2. The punishment shall be determined by taking into account the following factors in sentencing, including the fact that the defendant's negligence in the decision-making of sentence is not minor and that the victim's death is serious. However, each of the above special mitigation factors and reflects them, the fact that the defendant is affiliated with the Financial Cooperative and has no significant penalty power exceeding the fine, and other factors in sentencing, such as the age

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