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(영문) 인천지방법원 2017.03.29 2016고단8516
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 who is engaged in driving a KS5 taxi.

On October 7, 2016, at around 01:05, the Defendant proceeded at a speed of about 86 km in time, depending on one lane towards the three-lane distance from the tri-distance side of the sub-water distribution, the Nam-gu Incheon, Incheon, the 115 sub-party farming village.

Since there is a maximum speed of 60 km per hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the speed of restriction, accurately manipulating and operating steering devices and brakes.

Nevertheless, the Defendant neglected this and did not avoid the victim E (e.g., 50 years of age) who crosses the road to the right side from the left side of the taxi driving direction of the Defendant, while driving at a speed exceeding 26 km per hour, and did not avoid the victim E (e.g., 50 years of age) and did so to the right side of the victim with the part above the right side of the taxi driving side of the Defendant.

Ultimately, at around 01:05 on October 7, 2016, the Defendant caused the death of a victim due to cerebral blood, etc. at the same place by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Investigation reports (in response to a request for speed analysis);

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes to notify the results of traffic accident analysis, CDs of the vehicles booms;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act is that the Defendant, as a taxi driver, has a duty to comply with the traffic-related Acts and subordinate statutes, is shocked by a person who has been crossing the road by neglecting his/her duty to stop driving his/her vehicle at a speed exceeding 20km per hour while driving his/her vehicle in excess of a speed exceeding

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