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(영문) 부산지방법원 2015.04.24 2014고단10285

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

On August 25, 2014, at around 05:55, the Defendant driven a C taxi and proceeded at about 60 km in the speed of Si, depending on four lanes, toward the road of four lanes in front of the E Convenience Points in Busan, Seopo-gu, Busan, the direction of the Gupo-dong from the front-dong.

Around that time, there was a pedestrian crossing at the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road.

Nevertheless, the Defendant neglected this and tried to find out the victim F (the 76-year old age) who was crossing the crosswalk at the right side from the left side of the taxi due to the negligence that continued to progress at the same speed. However, the Defendant did not avoid it, but did not get out of the front side of the above taxi, and caused the victim to die by a low blood transfusion shock, and a sudden string by melting off the road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A death certificate;

1. A traffic accident report;

1. Image photographs of Gabbboxes;

1. Application of new Acts and subordinate statutes to traffic accident investigation and analysis results;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage to victims (special mitigations) in the area of special mitigation (in February to October) (including efforts to recover damage), the victim is not subject to punishment (including decisions on the suspended sentence] agreement with victims, joining the taxi mutual aid association, and there is no history of criminal punishment.