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(영문) 부산지방법원 2014.01.08 2013고단5070
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

(State)The Defendant is a person engaged in driving a Dsi owned by C.

On June 18, 2013, at around 23:20, the Defendant driven the said taxi in front of the Geongwon, which is located in the Silundong-gu, Busan, and proceeded along the two-lanes from the side of the Silun apartment, along the road from which the vehicle signal apparatus is installed, from among the five-lane roads along which the above taxi was installed.

The Defendant, due to occupational negligence in breach of the duty of Jeonju, entered the crosswalk from the left side of the taxi driving direction to the right side of the pedestrian moving signal to find out the victim E (the 33 years old), who was standing on the crosswalk, late later, and received the victim from the front-hander of the above taxi.

At around 03:32 the following day by occupational negligence, the Defendant caused the death of the victim due to the shock of the above traffic accident at the Busan F Hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Results of the verification of taxi records and video images in this Court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to autopsy records and postmortem examination records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act suspended execution (Consideration into consideration of joining the taxi mutual aid association, circumstances of accidents, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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