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(영문) 부산지방법원동부지원 2020.10.07 2019고단2424
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives B Launa taxi.

On August 10, 2019, the Defendant, at around 04:14, had one lane from the two-lanes of the C Apartment-do in front of the Damdong, Suwon-gu, Busan, to the 49 square and squaresides from the luminous Bathing Beach.

At the time, since it is a night and a front road of apartment houses coming to and from many residents, a driver of a motor vehicle has a duty to prevent accidents in advance by safely driving by checking the front door well.

Nevertheless, the Defendant neglected the above duty of care and neglected the operation of the brake system, and neglected to properly operate the brake system on the front line, and neglected the victim E (the age of 29) who was under the influence of alcohol on the first lane in the front line of the taxi and the lower part of the body of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the two parts.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. The statement of each police officer made to F and G;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. On-site report (as to the statement of reference H telephone), internal investigation report (as to the details reported at the time of the accident, traffic accident 112), investigation report (as to the attachment of a black picture of a Maritime Vehicle 119 first responder), investigation report (as to the dispatch of the site, investigation report (as to the statement of the 119 first responder), investigation report (as to the actual survey of the site), investigation report (as to the closure of the suspect taxi boom), investigation report (as to the closure of the suspect taxi boom), and investigation report (as to the closure of the

1. Photographsic photographs, such as the scene of the accident, black boxes, and CDs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

2. The reason for sentencing under Article 62(1) of the Criminal Act is that it is impossible to see the death of the victim due to the instant crime.

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