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(영문) 인천지방법원 2015.07.02 2015고단2432
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On March 19, 2015, the Defendant driving the above taxi around 05:10, and driving the road of three lanes in front of the Seocheon High School, Seocheon High School, Seocheon-gu, Incheon, Seocheon-gu, Incheon, along the two-lane direction from the direction of the public village to about 95km in speed.

At the time, it was at night and its restricted speed is 60 km per hour, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to observe the restricted speed and accurately operate steering gear and brakes, and prevent accidents by properly examining the steering gear and brakes.

그럼에도 불구하고 피고인은 이를 게을리 한 채 제한 속도를 시속 약 35km 초과하여 그대로 진행한 과실로 위 택시와 같은 진행방향으로 2차로를 따라 등지고 걸어가는 피해자 E(39세)을 미처 발견하지 못하고 피고인의 택시 좌측 앞부분으로 피해자의 다리부분을 들이받아 피고인이 위 택시의 좌측 앞유리 부분에 부딪히고 그 충격으로 튕겨나가 약 30m 떨어진 반대편 도로 1차로 바닥에 굴러 떨어지게 하였다.

Ultimately, at around 05:34 of the same day, the Defendant caused the death of the victim due to the occurrence of a traffic accident at the International EstoTol University International Estol Hospital located in Seo-gu Incheon, Seo-ro 100-ro 25, Seo-gu, Incheon on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. The crime of Article 62 (1) of the Criminal Act is recognized as being committed, and against the will of the defendant, and the defendant has no record of criminal punishment exceeding the fine, and the victim has a considerable negligence.

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