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(영문) 인천지방법원 2019.02.20 2018고단8930
교통사고처리특례법위반(치사)
Text

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

except that 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 driving of K5 si.

At around 00:55 on September 16, 2018, the Defendant driven the above taxi and led the front road of the “D” located in the Nam-gu Incheon Metropolitan City, Nam-gu, to proceed from the direction of the terminal shooting distance from the direction of the Incheon local office.

At this point, there were many pedestrians who walk the road without permission according to three rears of their names, and the victim E (24 years old) was engaged in driving service, so there was a duty of care to prevent accidents by thoroughly operating the steering gear and operating the steering gear.

Nevertheless, the Defendant did not discover the victim who illegally crossed the road on the mathy by negligence while neglecting the front-si, and did not find the victim, who received the victim in front of the said taxi, and got the victim up to the floor.

Ultimately, at around 11:15 of the same month, the Defendant caused the death of the victim due to cerebral cerebral cerebral cerebral cerebral cerebral cerebralop from G Hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. A traffic accident report;

1. A death certificate;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to a report on investigation (report on the confirmation of black stay images);

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 stay of execution (Considering the following circumstances: (1) of the Criminal Act (i.e., the reflection of the fact that the taxi in the defendant's operation is joining the Financial Cooperative; (2) the fact that the victim has agreed with his/her bereaved family members;

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