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(영문) 전주지방법원 군산지원 2013.10.17 2013고단937
교통사고처리특례법위반
Text

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

However, 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 is engaged in the duties of driving CK5 taxi.

On June 24, 2013, the Defendant driven the above taxi on June 24, 2013, and proceeded at a speed of about 30 km in speed, depending on the four-lane distance near the bank tree dong, Sinsan-dong, Sinsan-si.

At the time, the signal, etc. is installed, and at the time, the defendant was in the situation of passing the signal from the red to green, and in such a case, there was a duty of care to safely pass the intersection after checking whether the driver of the motor vehicle is a motor vehicle who is engaged in driving the motor vehicle by entering the intersection, and checking whether the driver of the motor vehicle is a motor vehicle or a horse driving by entering the intersection.

Nevertheless, the defendant neglected this and proceeded on the right side of the victim D(75 years old) driving on the right side of the defendant's driving direction due to negligence, and caused the victim to go beyond the floor by shocking the front side of the victim's bicycle driving on the right side of the defendant's taxi.

After all, the Defendant caused the victim to die by the above occupational negligence at the F Hospital located in Gunsan-si E on July 7, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant led to the confession of the crime in this case while committing the crime, the fact that the victim has made an agreement with his bereaved family members, and the fact that the victim's negligence of driving a bicycle in violation of traffic signals

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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