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(영문) 인천지방법원 부천지원 2015.10.26 2015고단2352
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the duties of driving a k5 taxi.

On June 26, 2015, at around 03:07, the Defendant driven a 11.8km in Incheon at 11.8km in the direction of the first-class highway, and proceeded along the two-lanes from the Seoul bank to the Incheon bank.

At the time, the surface was sucked due to the traffic accident that occurred earlier, and the vehicle was driven by an emergency, etc., so the driver of the vehicle had a duty of care to prevent the accident in advance by safely operating the vehicle, such as by accurately operating the steering room and the surrounding area, and by accurately operating the steering wheel and the operation of the vehicle.

Nevertheless, the Defendant neglected to do so and did not discover that the cargo vehicle driven in the opposite direction due to the negligence of neglecting speed while driving in the front direction without reducing speed, was destroyed or damaged by the central separation zone, and did not see that there is a distance from the lanes, and the Defendant’s vehicle turned back to the left corner part of the left side of the vehicle, and then turned back to the front part of the vehicle with the center separation zone as the front part of the vehicle, and then cut back to the front part of the vehicle, the vehicle turned back to the left part, and then cut down to the front part of the vehicle, and then the vehicle stopped the front part of the vehicle due to the traffic accident that occurred before the front part of the door.

Ultimately, the Defendant caused the death of the victim G (hereinafter referred to as 44 years of age, female) who was on board the back seat of the Defendant’s vehicle due to the above occupational negligence, from the 170 Ycheon-gu, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-gu, 2015 at the 170 Ycheon-si, Seocheon-si, Seocheon-do, Seocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, such as a survey report on actual conditions, a corpse photograph, a death diagnosis report, and an accident scene photograph;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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