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(영문) 부산지방법원 2014.04.18 2013고단8964

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving a rocketing taxi.

On September 17, 2013, the Defendant driven the above taxi on September 19:50, and began the parking after stopping at the four-lanes of the 4-lanes, which are located in the Busan Jin-gu, Busan, with the GS25 (GS25) in front of the Kin-gu, Busan.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents.

Nevertheless, the Defendant, upon passing through a stop line, stopped at the end of the crosswalk, and started the stop at the right-hand side of the crosswalk, and caused the victim's death by credit sulve, etc. around September 17, 2013 by failing to find out the F. 21 years old driving of the victim E (the 21 year old) driving on the right-hand side of the above taxi due to the negligence that did not discover the f. o.b. on the right-hand side of the above taxi.

Summary of Evidence

1. Entry of the accused in the legal statement in the first trial record;

1. Protocol of the police statement concerning G;

1. Application of the traffic accident report, death diagnosis report, and traffic accident-related photograph-related Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The gross negligence of failing to immediately stop the remainder after the collision of two types of punishment under Article 62-2 of the Criminal Code and the resulting result is serious.

However, the execution of imprisonment without prison labor shall be postponed because there are no criminal records that can be particularly considered for the defendant, and there are favorable circumstances such as depositing a certain amount for the bereaved family members, and community service order shall be added.