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(영문) 인천지방법원 2015.01.28 2014고단7041
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year 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 a taxi for business use C.

On September 7, 2014, the Defendant driven the above vehicle at around 03:15, and driven the 665-way road at the entrance of the Southern-gu Incheon Metropolitan City, at the night at the time, according to the two-lane road at a speed of about 52 km along the two-lane road at the vicinity of the Dongam Station, and there are a lot of commercial buildings around the above road. In such a case, the Defendant was obliged to pay a duty of care to check whether there is a person driving a motor vehicle, who is engaged in driving the motor vehicle, and to check whether there is a person driving the motor vehicle without permission by operating the steering and brake system, thereby preventing accidents.

Nevertheless, in order to verify whether there is a person waiting for a taxi by neglecting this, the Defendant found the victim D (the 49 years of age) who was unauthorized to the right side from the left side of the Defendant driving vehicle by failing to view the right side in order to check whether there is a person waiting for a taxi by neglecting this, and delayed detection and operation of the victim D (the 49 years of age) who was unauthorized to the right side from the left side of the Defendant driving vehicle, but it did not reach the part of the victim's body in front of the Defendant driving vehicle, thereby making the victim go beyond the road after receiving the part of the victim's body part from the front part of the vehicle in front of the Defendant driving vehicle, thereby resulting in death

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A scene of the accident, a photograph of the vehicle, or an accident scene of the towed vehicle;

1. Application of Acts and subordinate statutes of a death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In general within the scope of recommendation, there are two types of traffic accidents (accidents resulting from traffic accidents) and special mitigation areas (two to ten months) (special mitigation areas), in the event there are considerable negligence on the occurrence of traffic accidents or the expansion of damage to victims, there are no prevention facilities for the unauthorized crossing in four lanes at night.

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