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(영문) 부산지방법원 2017.04.21 2016고단7458

교통사고처리특례법위반(치사)

Text

Defendant

A A shall be punished by imprisonment without prison labor for ten months, and Defendant B shall be punished by imprisonment without prison labor for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in driving a F taxi.

On June 19, 2016, the Defendant driven the above taxi on or around 03:45, and tried to drive the front of the exit road No. 5 in the mountain field located in training 180 (Yinsan-dong), from the direction of new distance to the Military Manpower Administration at about 75 km in the direction of new distance.

The location is a road with a speed of 60 km per hour, and at the time, the road at night was milched, so the driver has a duty of care to drive less than 48 km per hour by accelerating 20% higher than the speed limit.

Nevertheless, the Defendant neglected this and caused the victim G (39) who was standing on the crosswalks for pedestrian red signals due to the negligence of operating the crosswalks more than the restricted speed, to go beyond the floor.

Ultimately, around June 19, 2016, around 07:58 on June 19, 2016, the Defendant caused the victim's death by an occupational negligence, resulting in the victim's cerebral cerebral cerebral ties in Busan National University Hospital located at 7, 186, Seo-gu, Busan National University Hospital.

2. Defendant B is a person engaged in H-si driving service.

The Defendant driven the above taxi at the date, time, place, and place specified in paragraph 1, and continued to drive approximately 15 km in the direction of the Military Manpower Administration in the new Tri-distance direction.

At night, since the low-water surface was milched at the time, a person engaged in driving service has a duty of care to safely drive by checking the front side and the left and right well.

Nevertheless, when the Defendant neglected to do so and neglected to ask the destination of the passenger who was on a taxi, thereby neglecting his duty of care in the front time, the Defendant served the victim G (39 years) who was used in the third lane of the Defendant’s vehicle due to the foregoing preceding traffic accident, on the part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim by occupational negligence as above, around 07:58 on June 19, 2016.