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(영문) 부산지방법원 2016.08.26 2016고단570
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA taxi.

On January 2, 2016, the Defendant driven the above taxi on January 2, 2016, and driven the three-lane road in front of Busan Jin-gu, Busan along the two-lane way from the intersection to the intersection in writing.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected this and did not discover the victim F(52) who was living on the two-lanes of the said road due to negligence that did not view the front bank properly and did not discover the victim F(52) and went through the body of the victim on the right side of the said taxi.

Ultimately, at around 22:49, the Defendant caused the death of the victim at H hospital located in Busan-gu G in Busan-gu, Busan-do due to the diversity of chest and ship on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of each CD reproduction;

1. A traffic accident report;

1. A report on internal investigation conducted by an witness;

1. Written opinion on autopsy;

1. Application of each written appraisal (No. 23,25 No. 5 of the evidence list);

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A vehicle that had been in the same place around the time of the occurrence of a normal accident unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, but the defendant discovered and avoided the victim. However, the defendant neglected to perform the duty of prior demand and recognized a normal mistake favorable to the fact that it caused the death of the victim on the wind that does not discover the victim, and it is against the fact that the victim's negligence is very serious to the occurrence of a traffic accident, and the victim actively transmitted the victim to the hospital.

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