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(영문) 창원지방법원 2013.11.26 2013고단1964
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of Cstststa taxi.

On April 20, 2013, at around 08:27, the Defendant driven the said taxi, and proceeded with a road of one-lane in front of the Pyeongtaek-gu, Jin-gu, Changwon-si, Jin-si, as the area of inland water research institute located in the front of the Pyeongtaek-do.

Since the above road is a section to be driven within a speed of 50 kilometers per hour in a downbrush, there is a duty of care for those engaged in driving duties to observe the proper speed and to operate the steering gear safely.

Nevertheless, while the Defendant neglected to do so and runs along a speed of 89 kilometers per hour, the Defendant got off the victim D (78 years old) who was walking along the opposite direction by overcoming the median line to the left side due to the negligence of falling on the left side, leading up to the direction side of the opposite direction.

Ultimately, at around 09:56 of the same day, the Defendant caused the victim's death by occupational negligence in the emergency room of the F Hospital in the Chang Sea-gu, Changwon-si E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident occurrence report or on-site inspection;

1. A traffic accident actual condition survey report, on-site vehicle photograph;

1. Investigation report (on-site investigation, vehicle speed);

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;

1. Article 62 (1) of the Criminal Act on the suspended execution (i.e., the recognition of a pond and reflects the depth thereof, the fact that the taxi is admitted to the taxi mutual aid association and the victim’s bereaved family members agree, and the fact that there is no previous conviction exceeding the fine);

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