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(영문) 창원지방법원 마산지원 2014.07.22 2013고단640

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a small-scale taxi in C.

On February 13, 2013, the Defendant driven the above taxi on February 12:20, and stopped the two lanes from the three-lanes to the one-day signal signal from the Masan Seaside to the one-day signal signal from the Masan Seaside to the two-lanes of the Masan-si Masan-si.

At that time, there was a duty of care to prevent collision with the vehicle that proceeds from the next side by driving the taxi on three lanes and allowing passengers to get off the taxi in the same direction as the victim D (the 58-year-old driver) was under way in the same direction.

Nevertheless, the defendant neglected this and required a taxi passenger to leave the taxi, and caused the passenger to open a back door to the right side in the two-lanes, and caused the passenger to take part of the victim's driving hand and the left side part of the victim's driving on the back side of the taxi due to occupational negligence.

Ultimately, around October 13, 2013, around 23:57, the Defendant caused the death of the said victim by occupational negligence due to the fvalescent surgery in the Fvalescent Hospital E located in Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. The statements of witnesses H and I in the fourth trial records;

1. The notification of results, and the application of Acts and subordinate statutes on the request for analysis of traffic accidents, photographs related to traffic accidents, and body autopsy;

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. Article 62 (1) of the Criminal Act;

1. The defendant and defense counsel regarding the assertion of the defendant and defense counsel under Article 62-2 of the Social Service Order Criminal Act are faced with the defendant and defense counsel.