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(영문) 부산지방법원 2013.03.26 2012고단9897

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 C-si.

On August 11, 2012, the Defendant driven the above taxi on August 04:30, 2012, and led the two-lane of the two-lane city in Busan Jin-gu, Busan, to proceed at about 84 km in speed, depending on the two-lane distance from the Busan Jin-dong.

At this point, the two-lanes of high-speed and high-priced roads are combined into four-lanes, and the two-lanes are installed adjacent to the two-lanes, and thus, it is apprehended that the vehicle from the two-lanes of high-speed roads is unlikely to anticipate the vehicle from the two-lanes. Thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the vehicle line according to the speed limit of 60km and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected to do so and found that the speed of the restriction exceeds approximately 24 km per hour on the right-hand side, and the victim D (W, 51 years old) driving in the direction of the primary line on the right-hand side of the high-speed road, delayed detection of the E-to-face, but failed to avoid the e-mail, and the above e-mail e-mail e-mail fell down on the left-hand side of the said taxi.

Ultimately, at around 01:17 of the same month, the Defendant died of the victim due to the pressure of brain cerebral cerebral brain in G Hospital located in Busan Jin-gu, Busan, due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The conditions favorable to the defendant shall be considered, such as the fact that the victim has been agreed with his/her bereaved family members and that the defendant has repented wrong facts

1. Order to attend lectures under Article 62-2 of the Criminal Act;