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(영문) 인천지방법원 2020.01.08 2019고단7909
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

On September 27, 2019, at around 19:57, the Defendant continued three lanes in front of the Namdong-gu Incheon Metropolitan City C apartment from the side of the main plaintiff to the surface of the art death distance. After changing the first lane into the first one, the Defendant changed into the second one.

At the time, there are nights, and there is no place where the U.S. is permitted, so in such a case, a person engaged in driving of a motor vehicle has the duty of care to prevent accidents by safely making a normal internship in the section where the U.S. is permitted according to the progress signal.

Nevertheless, the Defendant neglected this and went beyond the road to the front part of the victim D (Nam, 25 years old) driving, which was 125 cc driving from the lower part of the defendant's taxi, due to the negligence of the defendant, and led the victim to go beyond the road.

Ultimately, around September 27, 2019, the Defendant caused the victim's death by negligence in the above business, resulting in damage to the trend while he was sent back to the F Hospital located in Namdong-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decisions 20 million won is provided to the bereaved family members of the victim; 40 million won is provided to the bereaved family members of the victim; 20 million won is smoothly agreed upon; 30 years have no penal power as a long-term taxi driving;

1. Social service order under Article 62-2 of the Criminal Act;

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