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(영문) 인천지방법원 2015.06.25 2015고단1446
교통사고처리특례법위반
Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment without prison labor for five months, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

On November 15, 2014, at around 23:25, the Defendants were driving a F taxi vehicle in the direction of the robotland in the direction of the sk apartment, and Defendant B was driving G urban bus in the direction of the sk apartment, in the direction of the sk apartment.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle by checking the front, rear, and left and right in accordance with the signals.

Nevertheless, Defendant A did not temporarily stop the same while the ongoing signal is a red signal, and Defendant B did not take measures such as reducing the speed without due care for other traffic, such as Defendant A’s taxi, etc. even though the ongoing direction signal is a yellow signal, and the front part of the front part of the above bus and the rear part of the right side of the above taxi conflict.

The Defendants jointly killed the victim H (the age of 56) who was on board the back of the said taxi due to occupational negligence as seen above, due to cerebral cerebral injury.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to B, I, and J;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 268 and 30 of the Criminal Act concerning criminal facts;

1. Selection of each sentence of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that a mutual aid association is admitted and that an agreement is reached with a victim's bereaved family member);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type II (Death, etc. of Traffic Accidents) (Special Mitigation) [including efforts to recover damage] Punishment and Non-Punishment (including serious efforts to recover damage] [Pronouncement Decision] Defendant A: June of imprisonment without prison labor, Defendant B of a suspended sentence of two years: May of imprisonment without prison labor, and year of a suspended sentence of one year;

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