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(영문) 인천지방법원 부천지원 2020.04.23 2019고단2540
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing taxi vehicle.

On May 2, 2019, the Defendant driven the above vehicle at around 01:40, and turned the front road of Busan City into one lane between the two lanes at the speed of 73 km in the direction of vision in the direction of vision.

At the time, since it is night and road in the city, a person engaged in driving of a motor vehicle has a duty of care to see the front left left well and to accurately operate the steering direction and brake system.

Nevertheless, the defendant neglected this and found the victim D (the age of 54) who illegally crossed the crosswalk on the right side by his negligence in the course of the business, which led to the failure of the defendant's negligence, to the right side of the above vehicle, and shocked with the fronter and the slick part of the above vehicle.

Ultimately, the Defendant caused the victim to die due to brain damage and pulmonary damage while being treated in an E hospital at around 02:53 on the same day by occupational negligence.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A traffic accident report;

1. Photographss of the scene of the accident, photofabox images of a ice string, photofabox image of a witness vehicle, photofaging, scene photographs of the accident, results of the analysis of the traffic accident DTS, images, and photographs;

1. Application of Acts and subordinate statutes of death certificate (D);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation] and the basic area of recommendation [the scope of recommendation], and August through two years;

3. Determination of sentence: Determination of sentence of imprisonment without prison labor for 10 months is recognized, and the vehicles involved in the sea are insured as the mutual aid association;

There is no history of criminal punishment.

A victim also has a signal apparatus.

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