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(영문) 창원지방법원 거창지원 2016.08.10 2016고단203
교통사고처리특례법위반
Text

Defendant

A shall be punished by imprisonment without prison labor for ten months, and by imprisonment without prison labor for eight months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in CM5 taxi driving, and Defendant B is a person who is engaged in driving of D rocketing taxi.

Defendant

A around May 3, 2016, around 08:47, around 08:47, the distance of Salim school north Korea, located in the Do, Chang-gu, Chang-gu, Chang-gun, Chang-gu, Seoul, would proceed along the two-lanes from the boundary of the office of Chang-gu to the south of the Alim school. Defendant B, at the same time, continued the distance of Salim school north Korea at the above time of the above day from the boundary of the KT building to the dong sports park.

At all times, as an intersection where signal lights are installed, there was a duty of care to prevent accidents by thoroughly operating in the front and the front of the vehicle in accordance with the signals and safely operating the vehicle.

Nevertheless, Defendant A neglected this and entered the intersection in red signal in violation of the signal, and, in violation of Defendant B’s degree signal, Defendant B entered the intersection in yellow signal, and met the left side of Defendant B’s above SM5 taxi driving, followed Defendant A’s above SM5 taxi driving by the front part of Defendant B’s drive, and thereby, Defendant E (m, 70 years old) who was waiting for signal in India while SM5 taxi was pushed on the right side.

Ultimately, the Defendants caused the death of the victim E due to the two kinds of occupational negligence as above, and at the same time, the Defendants suffered injury to the victim F who was on board the said SM5 taxi (hereinafter referred to as 22 years of age), such as a felb that requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A traffic accident report;

1. Application of Acts and subordinate statutes to death certificates and diagnostic certificates;

1. Article 3 (1) 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 for the ordinary concurrences;

1. Selection of each sentence of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act (in the case of Defendant A) of the suspended execution;

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