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(영문) 부산지방법원 동부지원 2015.06.17 2015고단642

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a small-type taxi B.

On March 17, 2015, the defendant driving the above taxi at around 04:20, and driving the two-lane road in front of the Dmat in Busan Southern-gu, Busan-gu, along the two-lane map, from the front of the Dmat in front of the Dmat in Busan-gu, the defendant changed the course into one-lane to the opposite bank.

In this case, there was a duty of care to safely change the course so that the driver of the vehicle can not interfere with the passage of the vehicle that is proceeding in the future after notifying the driver of the vehicle of the direction, etc. in advance.

Nevertheless, the Defendant neglected to do so and neglected to change the course as it was, and instead the Defendant got FOba of the Victim E(16 years old) driving, which was proceeding one lane, as the front of the said car.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, resulting in damage to the body of the police due to the rashing, etc. in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A report on actual condition of the police;

1. Application of Acts and subordinate statutes to death examinations;

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

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the fact that the victim has reached an agreement with his/her bereaved family member);

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