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(영문) 인천지방법원 2016.10.27 2016고단2913
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C(K)5 taxi.

On March 19, 2016, the Defendant driving the above taxi on March 03:07, and driving the three-lane road prior to the Suwon-gu Incheon Metropolitan City 59 on March 19, 2016 along a one-lane radius from the front line of view to the front line of view.

At night, at night, a crosswalk was installed at the front, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed prior to entering the crosswalk and by checking well the right and the right of the driver of the motor vehicle. On the other hand, there was a duty of care to prevent accidents in advance by operating the steering gear and the brake in a safe way by accurately operating the steering gear and the brake.

Nevertheless, the Defendant neglected this and did not accurately operate the steering gear and brakes without accurately operating the steering gear and brakes, and caused the pedestrian walking, etc. from the right-hand side to the left-hand side when the light is red, the Defendant received the victim D (the age of 67) who opened the crosswalk from the right-hand side as the front-hand part of the driver's seat in the above taxi and had the victim go beyond the floor.

Ultimately, at around 03:25 of the same day, the Defendant caused the death of the victim due to two structural pelkes and brain damage in the first-aid vehicle that moves the victim to a Gacheon-ro Hospital located in 774-gil 21, Namdong-gu, Incheon Metropolitan City on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A corpse of corpse;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. The defendant does not have the same criminal records for sentencing under Article 3(1) of the relevant Act of criminal facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act. The defendant is admitted to the Financial Cooperative. The victim's fault who crosses the crosswalk without permission in the situation of signaling the vehicle on the new wall.

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