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(영문) 부산지방법원 동부지원 2013.05.29 2013고단1140

교통사고처리특례법위반

Text

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

2.Provided, That the execution of the above sentence shall be suspended for one year 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 B rocketing taxi.

On March 13, 2013, the Defendant driven the above taxi on March 13, 2013, and driven the road of four-lanes on the luminous intersection located in the Southern-gu Busan Metropolitan City along the direction from the south-dong to the marine traffic zone at about 140km each hour.

At the time of night, the surface was sucked and there was a limited speed of 80 km at that time, so the person engaged in the driving of motor vehicles had a duty of care to drive safely by complying with the speed and speed limit and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected this and caused a broom to turn off the broom due to the negligence of taking the broom on the left-hand knick road, while taking the front part of the victim C(54 years old)'s Da treatment Tracter cargo vehicle that was going over the 3 and 4-lanes, and caused the above cargo vehicle to fall into the sea under the bridge, thereby causing the victim to become able to see, and the victim E (the 35 years old) (the passenger aboard the above cab seat) who is a passenger on the back of the 20-day knife shall not take part in the need of medical treatment for about 20 days.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A traffic accident report (1), 2 (2);

1. A corpse inspection report and an investigation report (a taxi passenger diagnosis report);

1. Application of Acts and subordinate statutes to a report on investigation (referring to the verification of an operating record meter of a sea-going vehicle);

1. Article 3 (1) and the proviso to 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 provides that the defendant agreed with the bereaved family members of the victim who died, the taxi driver of the defendant is affiliated with the mutual aid association, and the defendant does not have any particular criminal record, and the defendant made a mistake.