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(영문) 부산지방법원 2012.12.12 2012고단6470
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a rocketing taxi.

On June 6, 2012, the defendant driving the above taxi around 08:3 on June 6, 2012, which led to the speed of about 80 km in the city, depending on the two-lanes between the two-lanes of the 4-lanes of the Do in the vicinity of the household distance.

Since there is a crosswalk in the front door, there was a duty of care to prevent accidents by driving service workers by properly seeing the front door and the left door, complying with the speed of restriction, and accurately manipulating the steering and brakes so as to prevent accidents.

Nevertheless, due to the negligence of neglecting the above duty of care, the Defendant found the victim C(76 years of age) who illegally crossed the crosswalk from the left side of the taxi to the right side of the taxi driving without permission, and did not avoid the victim. The Defendant was the victim with the left side of the said taxi driving.

Ultimately, around 06:51 on June 19, 2012, the Defendant caused the death of the victim to a multiple organ with a multiple organ due to the acute and chronic damage of the victim at the Busan-gu D Hospital. Busan-gu D Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Statement of traffic accident prepared by the F;

1. A traffic accident report;

1. Each investigation report (a standing investigation, accident vehicle and field photograph, and CCTV video investigation);

1. One letter of results of the analysis of traffic accidents, death diagnosis report, and inspection report;

1. Application of Acts and subordinate statutes to photographs of carcasses;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act of the suspended execution recognizes the crime of this case and reflects the fact that the defendant is admitted to the crime of this case, the cab is admitted to the taxi mutual aid association, and the defendant has agreed smoothly with the bereaved family members of the victim, and the occurrence of the accident of this case is the victim.

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