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(영문) 부산지방법원 2013.10.29 2013고단5164
교통사고처리특례법위반
Text

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

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 driving of BM5 private taxis.

On June 16, 2013, the Defendant driven the above taxi at around 04:05, and driven the road of about 109km in front of the modern apartment 101-dong, which is located in the dong-gu, Busan Metropolitan City, at a speed of about 109km/h, depending on the two-lanes from the intersection to the intersection of Seodaemun-gu.

Since there is a limited speed of 60 km/h, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering system and operating the steering system accurately.

Nevertheless, the Defendant neglected this while driving a limited speed exceeding 49km/h, and instead went from the right side of the Defendant’s running direction to the left side without permission, and received the part above the left-hand part of the instant taxi driving by the Defendant.

On June 21, 2013, the Defendant caused the victim to die with pressure from brain cerebral cerebral brain in the emergency room of the E Hospital located in Busan Jin-gu, Busan on June 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the fact that the victim has agreed with his/her bereaved family members);

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