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(영문) 인천지방법원 2018.11.07 2018고단5321
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in the duty of driving B-si cars.

On February 7, 2018, the Defendant driven the above car at around 05:50, and driven the three-lanes in front of Incheon Nam-gu, Incheon Metropolitan City C at approximately 30km per hour according to the two-lanes in the direction of the airspace of the main elementary school in the direction of the drawing elementary distance.

At the time, since it was at night, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service complies with the speed limit and is a person to check the right and the right and the right and the right and the right and the right.

Nevertheless, the Defendant neglected this and went beyond the center line on the left side of the front bank by negligence, and brought the victim D (71) who was unauthorized to the right side beyond the center line, into the right side of the passenger vehicle.

As a result, the Defendant caused the victim to die by occupational negligence on February 20, 2018 at the F Hospital located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to have the victim die due to cerebral cerebral ties, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made to G by the police;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. A copy of the autopsy report and a copy of a death diagnosis report;

1. Application of each statute on photographs;

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, grounds for sentencing of imprisonment without prison labor or heavier punishment;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general traffic accidents in the basic area (from August to two years) (no person subject to special mitigation];

2. The crime of this case committed by the Defendant, who violated the duty of care in the front direction while driving a taxi, resulting in the death of a victim who illegally crossed the road without permission, and the liability for the crime of this case is not less minor. The occurrence of the serious result of the death of the victim due to the traffic accident of this case, and the bereaved family shall be punished against the Defendant.

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