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(영문) 부산지방법원 2015.02.06 2014고단9167

교통사고처리특례법위반

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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 who is engaged in the duty of driving B taxi.

At around 04:50 on August 16, 2014, the Defendant driven the above taxi and proceeded three lanes from the four-lane road in the Doldong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to approximately 70km.

In this case, the defendant engaged in driving service has a duty of care to reduce speed and prevent the accident of driving safely by properly examining the front left.

Nevertheless, the defendant neglected this and found the victim E (the 72 years old) who crosses to the right from the left side of the running direction of the taxi driving by the defendant due to the negligence not to reduce the speed without living well before it, and caused the death of the victim on the side of the defendant's taxi due to the shock. However, the defendant did not avoid it and did not receive it, and caused the death of the victim on the side of the left side of the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Application of a death diagnosis certificate and each black scam photographic statute;

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. Selection of imprisonment without prison labor, considering the fact that the punishment is an alternative death accident;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the negligence of the victim and the agreement with the bereaved family);

1. Social service order under Article 62-2 of the Criminal Act;