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(영문) 부산지방법원 2015.03.20 2014고단9626
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 01:10 on November 1, 2014, driven a taxi for D business use and proceeded to the area of the Busan National University in accordance with the two-lanes of the 4-lane road in front of the F.S. oriental medical hospital located in Geum-gu, Busan. At the time, the time was night and the low-water surface was milched. In such cases, the Defendant is obliged to drive a driver at a speed of less than 48km per hour by reducing the speed of 60km at a speed of not more than 20km per hour, and has a duty of care to safely proceed by examining the front bank and the left and right.

However, while running a speed exceeding 20 km a speed of 74 km per hour, the Defendant was negligent in not discovering the victim G (the age of 62) who was used on the floor by getting off and getting off a stobb in the front bank and driving it on the lower part of the taxi that the Defendant driven.

In this respect, the defendant caused the victim to die by damaging diversity at the scene.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs, solar meter recording maps, and corpse autopsy reports;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] is the case where the victim was negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage) of the type of general traffic accident [the victim] [the decision of sentence] victim's bereaved family members and the victim's fault at the time of the occurrence of the accident (the victim's fault degree (the victim's serious accident while driving the otobane while driving the obane while driving the obane). The victim's serious reflectness, the defendant's subscription to the comprehensive motor vehicle insurance, and the defendant's fine not later than twenty years (two times) (two times).

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