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(영문) 인천지방법원 2018.07.11 2018고단3371
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 January 6, 2018, the Defendant driven the above taxi at around 02:00, and proceeded along two-lanes of the road of the 1st parallel of the Songdo, which is located in 888 as Aamamam of Yeonsu-gu Incheon, in accordance with the two-lanes of the shooting distance.

At the time, the Defendant was aware of the fact that the Defendant passed the Defendant’s taxi in violation of the Victim E (17 3) signal prior to entering the said road. At the time of entering the said road, at the time of entering the road, the Defendant changed the lane while reducing the speed of the victim’s ozone layer in the front section of the road and driving the lane along the two lanes and the three lanes. In such a case, the Defendant had a duty of care to prevent accidents in advance, such as reducing speed and accurately operating the steering direction and the brake system, by taking into account the dynamic of the victim, the driver of the vehicle was at the front section of the road.

Nevertheless, the Defendant neglected to do so and did not avoid the victim's erroneous part that changed the lane from the front side of the Defendant to the second lane, and did not leave the victim's erroneous part on the right side of the Defendant's taxi.

Accordingly, the Defendant caused the victim by such occupational negligence to die due to the brain damage, etc. from a patient's middle-patient's room located in 774 Do-dong, Namdong-gu, Incheon, Nam-gu around 12:40 on January 11, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F and G;

1. A traffic accident report;

1. Each photograph;

1. A death certificate;

1. Each traffic accident analysis report;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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