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(영문) 부산지방법원 2015.06.10 2015고단1121
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 drives a taxi in the Crops belonging to B.

On January 18, 2015, the Defendant driven the above taxi at a speed of about 70 km from the intersection to the direction of the intersection in the direction of the speed of 10 km along the three-lane road in Busan Dong-dong, Seocheon-dong, Busan.

Since at night, in such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering room and the right and the right and the right and the right and the right and the right and the right and the right and the system.

Nevertheless, the defendant neglected this and caused the body of the victim D (74 years old) who dried a road due to negligence in driving the road as it is.

Ultimately, at around 05:24 on January 18, 2015, the Defendant caused the death of the Defendant due to the diversification of the head, chest, ship, etc. in the emergency room of the F Hospital located in Daegu Dong-gu, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each traffic accident report prepared by the defendant or G;

1. Application of Acts and subordinate statutes concerning traffic accident reports, on-site and vehicles, photographs of the scene and vehicles, autopsy reports, body autopsy reports, photographs of the deceased, and postmortem records;

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.

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Sentencing (Determination of a type) where there is substantial negligence in the occurrence of a traffic accident even for a victim of a general traffic accident, type 2 (Death resulting from Traffic Accidents), mitigation area (special-sponsor) and factors for mitigation of a traffic accident, not subject to punishment (Scope of a sentence of recommendation) (Scope of a sentence of punishment) for April to October;

2. Determination of sentence: April of imprisonment without prison labor; one year of suspended execution, the occurrence of the instant accident while the victim was crossing without permission during the new wall hours; the bereaved family members of the victim and the bereaved family members of the taxi mutual aid association; the fact that the victim is enrolled in the taxi mutual aid association; and the minor fine is not imposed three times.

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