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(영문) 인천지방법원 부천지원 2014.10.02 2014고단1680
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 drives B Launa taxi.

On May 4, 2014, at around 00:27, the Defendant driven the above taxi vehicle and proceeded at about 70km in speed, according to three-lanes from the Incheon bank to the 4-lane of the new shooting distance.

At the time of night, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a motor vehicle and safely proceeding with the front and rear left, because the front and rear view was not good.

Nevertheless, the Defendant neglected his duty at the front time and found the victim C (the age of 48) who illegally crosss a road on the right side from the left side of the running direction of the Defendant, and received the victim’s right side of the driver’s vehicle due to the front front part of the vehicle.

Ultimately, around 00:39 on May 4, 2014, the Defendant caused the death of the above victim due to the occupational negligence, such as 00:39, the brain thale, and the laging of the two sides.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes of the Ministry of Strategy and Finance to a traffic accident report, report on the occurrence of a traffic accident, each photograph, written result of autopsy, written result of autopsy, records of cab-a-car and other records, and records

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. Scope of recommendation [decision of types] Sentencing for traffic crimes, general traffic accidents, and death of traffic accidents (type 2] (Special Sentencings): Reduction elements: Non-compliance with punishment (Scope of Recommendation Punishment) (limited to imprisonment without prison labor for April to October (Discretionary).

3. Determination of sentence: To attend a course of imprisonment without prison labor for ten months, suspension of execution of two years, and a compliance driving lecture;

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