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인천지방법원 2016.05.12 2016고단1364
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving of Incheon B rocketing taxi.

On February 4, 2016, around 00:50, the Defendant continued to run approximately 60 km in the city according to two-lanes from the surface of the terminal to the surface of the air-water market by strengthening the two-lane road of D Council members, which is located in Incheon Strengthening C, at the end of the terminal.

At the time, the traffic control at night is not carried out, and in such a case, there was a duty of care to prevent accidents in advance by operating the steering company well by accurately manipulating the steering system and the steering system.

Nevertheless, the Defendant neglected this and did not accurately operate the steering gear and brakes without accurately operating the steering gear and brakes, and caused the victim E (the age of 85) who walked on the right side from the left side of the running direction to the right side of the said taxi, and had the victim go beyond the floor.

As a result, the Defendant caused the death of the victim from the above occupational negligence by low-blood shock at a tent hospital located in 774 - 21, Namdong-gu, Incheon, Nam-dong, Namdong-gu, Incheon, on February 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances in light of the following sentencing grounds) is that the Defendant, as a taxi driver, neglected his/her duty of care to comply with traffic-related Acts and subordinate statutes, and neglected his/her duty of care, thereby causing the victim to die on the road at the night, and caused the victim to die. However, the Defendant has the same criminal history.