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(영문) 부산지방법원 동부지원 2016.10.27 2016고단1052

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except 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

On May 14, 2016, the Defendant driven the above taxi on May 14, 2016, 02:32, and driven the two-lane in front of the Taenam Underground-do, Busan, through the speed of 9.7 km speed above 60 km at a speed of 9.7 km at a speed exceeding the speed of 60 km at the speed of the road, and caused the victim C (n, 24 years old) crossing the road to the right from the left side of the running direction of the Defendant taxi, driving the said taxi at the speed of 02:32, and caused the victim D (the victim D, 24 years old) who is the passenger of the said taxi, to die from the right side of the taxi to the right side of the road.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Investigation reports (including attached data);

1. CCTV images and black stuff images;

1. Application of Acts and subordinate statutes to death and autopsy records and autopsy records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do1148, Apr. 1, 2011>