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(영문) 인천지방법원 2020.05.13 2020고단830
교통사고처리특례법위반(치사)
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 engaged in driving a rocketing taxi vehicle.

On October 3, 2019, at around 00:45, the Defendant driven the front road of the Namdong-gu Incheon Metropolitan City, Incheon Metropolitan City, at the surface of the Southern Police Station, from the area of the D hospital shooting distance, at the speed of about 84 km each hour according to three lanes of the south East Police Station.

At the time, there was a duty of care to comply with the speed limit and to prevent accidents in advance by accurately manipulating the steering direction and the brake system, as a person engaged in driving at a point of 50km/h at that time.

Nevertheless, the Defendant neglected to drive a 34km/h of the taxi by negligence in the course of his/her duty, and received the left-hand bridge part of the victim E, which illegally crossed from the right-hand side of the taxi vehicle of the Defendant, to the left-hand side, from the flow-hand side of the taxi vehicle of the Defendant, from the front-hand side of the taxi vehicle of the Defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the D Hospital located in the Nam-gu Incheon Metropolitan City F around 00:59 on the same day due to the injury of external wounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, and on-site photographs (Evidence Nos. 3 and 4);

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to traffic accident analysis;

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 selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2] - Death in traffic accidents (special-speed persons] - mitigated factors: In cases where the victim has gross negligence due to the occurrence of traffic accidents or the expansion of damage, no penalty shall be imposed [the area of recommendation and the scope of recommendation];

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