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(영문) 부산지방법원 2016.10.27 2016고단4026

교통사고처리특례법위반(치상)

Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That 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 engaged in rocketing taxi driving service.

On May 20, 2016, the Defendant driven the above taxi on May 21, 2016, and led the front of the road in the main line of the Gu of Busan to a speed of about 50 km from the opening to the side of the death and death terminal in the front of the main line of the city.

On the front of that place, a crosswalk with signal lights has been installed, so in such a case, there was a duty of care to check whether a person engaged in driving motor vehicles gets on a crosswalk by reducing the speed and by checking well the right and the right and the right and the right of the crosswalk, and to safely drive the crosswalk in accordance with the new code.

Nevertheless, the Defendant neglected this and failed to look well at the front side and the right and the right and the right, thereby disregarding the red signal, which is the stop signal, and did not stop on the front side of the crosswalk and did not discover the victim D (W, 58 years old) who was standing on the right side of the above taxi along the pedestrian signal, and did not find out the victim D (W, 58 years old) who was standing on the right side of the above taxi, thereby shocking to the front part of the above taxi.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down and closing down down the foundation of the left-hand 105-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

2. The sentence shall be determined as ordered in consideration of the degree of violation of the defendant's duty of care, degree of damage, degree of damage, the vehicle of this case is affiliated with the mutual aid association, the defendant's opposite nature, age, character and conduct, environment, etc. of sentencing under Article 62 (1) of the Criminal Act.