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(영문) 부산지방법원 2014.11.07 2014노3113
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unfair because of the following: six months of imprisonment without prison labor declared by the court below by the defendant and two years of suspended execution, which are too unhued.

2. The crime of this case is established that the defendant, who is a taxi driver, caused the victim to die due to negligence that the defendant was negligent in driving the taxi while driving the taxi, and caused the victim to die. The occurrence of the accident of this case is that the defendant's negligence who did not take measures such as reducing speed or accurately operating the steering and brake system in preparation for unexpected circumstances that may occur while driving the taxi at night, has contributed to the occurrence of the accident of this case, and that the fact that the defendant did not reach an agreement with the victim on the part of the victim, such as the fact that the defendant did not take measures such as reducing speed or accurately operating the steering and brake system.

However, in light of the fact that the defendant is against the situation, the occurrence of the traffic accident in this case does not seem to have contributed to the fault of the victim crossinging the crosswalk by disregarding the signal on the road where the passage of the vehicle is frequent, and the black stuff images, etc., at the time of the trial, the defendant was unable to avoid the accident due to the light of the vehicle that was honding in the sloped at night, and the defendant did not find the victim properly and immediately find it late, and the defendant did not avoid the accident, such as the violation of the traffic signal at the time of the accident or the speed exceeding the speed of restriction. Although the defendant did not reach an agreement with the injured party, although the taxi mutual aid association of the defendant's driver did not agree to pay damages including consolation money to the injured party, the defendant was registered in the trial process in the court below for 200,000 won, and the defendant was extremely difficult to be registered in the court below's trial process and was declared bankrupt for 2013.

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