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(영문) 인천지방법원 2016.05.25 2016고단884
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 engaging in driving a rocketing taxi.

On September 23, 2015, at around 00:23, the Defendant was proceeding at a speed of about 72 km in Si/Gun/Gu, depending on two lanes from the large distance of airbrackers, along the roads of three lanes in the south-gu Incheon Metropolitan City D.

At the time, the above road was at night, and it was a road that ought to be driven at a speed of 60 km or less per hour, and in such a case, there was a duty of care to keep the regulatory speed well and prevent accidents in advance by properly examining the right and the right of the front.

Nevertheless, the Defendant neglected this and proceeded as soon as possible about 12 km in speed above the prescribed speed, and due to the negligence that failed to properly see the front side of the victim E (73 ) who was in the two-lane, was placed in the front part of the taxi driving by the Defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on November 2, 2015, at the Gacheon-ro Hospital, which was located in 774, Namdong-gu, Incheon, Namdong-gu, Incheon, to death due to training paralysis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. The actual survey report and on-site photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] of the Act on the Suspension of Execution [The grounds for sentencing under Article 62(1) of the Act on the Punishment of Traffic Accidents [the scope of the recommended sentence] In the area of special mitigation (two months to ten months] [the victim], where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage) [the decision of sentence] [the decision of sentence] - There is no history of having been sentenced to imprisonment without prison labor or heavier punishment. The occurrence of the traffic accident in this case conflicts considerably with the fault of the victim, the victim's bereaved family members and their bereaved family members

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