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(영문) 인천지방법원 2016.05.25 2016고단1303
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 engaging in driving a rocketing individual taxi.

On February 20, 2016, the Defendant driven the above taxi on February 23:21, 2016, and driven the four-lane road in front of the Gyeongnam apartment site located as the rain of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, in the direction of about 60km in the speed of the city according to three-lanes from the shooting distance of the city in the city of the city to the distance of the study.

At the time of night, the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and safe operation of steering gear and brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately operating the steering gear and brakes, and took the right side side side of the victim C(57 ) who walked on the right side from the left side of the si, into the front part of the left side of the si, and made the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the first-aid vehicle, which moves the victim to a Nacheon Hospital located in 774 Do-dong, Namdong-gu, Incheon, Nam-gu, Incheon, on February 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and photographs;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In general traffic accidents, Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even to the victim (the victim of February to October) [the victim] due to the occurrence of traffic accidents or the expansion of damage, the court below's decision to punish the victim (including efforts to recover damage] [the decision to punish] favorable circumstances: the above special mitigated person, and the defendant's negligence.

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