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(영문) 부산지방법원 2016.09.29 2016고단4173

교통사고처리특례법위반(치사)

Text

1. The defendant shall be punished by a fine of six million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in taxi driving service for B rocketing business.

On May 1, 2016, the Defendant driven the above taxi at around 01:14, and proceeded with about 92 km each hour in accordance with the three-lane map in front of the Seocheon-dong, Seocheon-dong, Busan, Seocheon-dong, Seocheon-dong, Seocheon-dong, Seocheon-dong, Seocheon-dong, in accordance with the two-lane map.

At the time, there was a new wall with a street, which was installed, and there was no obstacle to view the road between the people and the vehicle, and the speed limit of which is 60 km speed, so in such a case, the driver of the vehicle has a duty of care to check whether there was a person driving the vehicle with a duty of care to safely drive the crosswalk by complying with the speed limit and by properly examining the right and the right and the right of the road.

Nevertheless, the Defendant neglected this and did not discover the victim C (V, 26 years old) who was standing on the right side of the above taxi in the right side of the above taxi due to the negligence that the speed of the restriction exceeds about 32 km per hour, and did not look at the front side of the above taxi, and did not find out the victim C (V, 26 years old) who was standing on the right side of the above taxi and got the victim go beyond the road.

As a result, the Defendant caused the victim to die due to the above occupational negligence on the same day due to the cerebral injury caused to the injury of the trauma while receiving treatment from the Busan National University Hospital located in Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on traffic accidents and investigation reports (record 72, 97 pages);

1. A death certificate;

1. Application of each statute on photographs;

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act to the order of provisional payment is to lead to the death of the victim of the fireworks age due to the Defendant’s negligence.