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(영문) 인천지방법원 2014.04.10 2013고단5159
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

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

On June 20, 2013, the Defendant was driving the said car on June 20, 2013, and stopped from one lane to the signal atmosphere in front of the two-lane road located in the 391-dong, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. However, the signal was turned to the front line in the front line of the two-lane road.

In such cases, even if the crosssection signal has been changed to the vehicle driving signal, the defendant had a duty of care to check the direction direction of the defendant's proceeding, whether there are vehicles entering the above intersection on the right side, etc. and proceed with the safety of the course after checking the safety of the course.

Nevertheless, the Defendant neglected this and did not discover the victim D (year 72) who was driving a bicycle on the part of the Women's Center at the plane of the lifelong drainage pump room by the negligence from the sudden exit of the emult line while neglecting it. Thus, the Defendant received the right side part of the bicycle getting on the emult with the above emult line.

At around 23:11 on June 20, 2013, the Defendant caused the death of the victim due to brain paralysis at a F Hospital located in Namdong-gu Incheon Metropolitan City E due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of G;

1. The actual investigation report on traffic accidents and the occurrence report on traffic accidents;

1. Babbbling fixs a photograph, attaching 12 copies of a photograph related to traffic accidents, and black stuffs;

1. Video recordings;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, ordinary traffic accident, and death or injury of traffic accidents;

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