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(영문) 인천지방법원 2018.07.11 2018고단2730
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On February 24, 2018, the Defendant driving the above taxi on February 23:28, 2018, and driving the three-lane road in the front direction of the E, in the south-gu Incheon Metropolitan City, the front direction of the E, from the private distance protection area of the tin to the bank of the KT Telephone, 70km each hour at a speed.

At the time of night, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed to those engaged in driving of a motor vehicle and keeping the front door well.

Nevertheless, the Defendant neglected to do so and received the F (58) of the victim F (58) who illegally crossed the road from the Defendant’s taxi right side.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on the 25th day of the same month, around 01:29, in order to cause the victim to die due to the malute damage, etc. in the 21st day of the Nam-gu Incheon, Namdong-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a fact-finding report, and a CD;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis reports and investigation reports (No. 21 and 22 once a year);

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 the selection of imprisonment without prison labor;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, and the conditions of sentencing as shown in the trial process.

D. Unfavorable circumstances: A favorable circumstance such as the fact that the result of the death of the victim of the instant accident occurred: The defendant reflects his mistake, the victim's unauthorized crossing was the cause of the instant accident (it was unauthorized crossing up to one lane from among the third lanes), and the vehicle operated by the defendant is insured by the taxi mutual aid association.

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