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(영문) 부산지방법원 2013.04.24 2012고단9437
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On October 06, 2012, the Defendant was driving a Cro-type taxi on October 03:20, and the Defendant changed the course to the fourth direction of the fourth line in front of the oil station at the lower end of the city which is located at the lower end of the city of Busan.

At the time, it is a new wall and the first line of the road to the fourth line, so in such a case, there was a duty of care to change the vehicle line by operating direction direction, etc. to the person engaged in driving a motor vehicle and giving an advance notice of change of course and making it possible for the person engaged in driving a motor vehicle to live well in the traffic situation of the front line.

Nevertheless, the Defendant neglected this and discovered the vehicle from the 100cc E-to-face, which was driven by the victim D (the age of 31) who was driven by the victim D (the age of 31) to the 4rd line in the same direction, and took an urgent action, but the Defendant did not avoid it, and did not stop it, and did not go beyond the front wheels of the above E-to-face, and did so by shocking the front wheels of the vehicle into the front door of the vehicle's right side.

Ultimately, around October 06, 2012, around 05:38, the Defendant caused the death of the victim due to the above occupational negligence, such as the depression and scarcity, around October 06, 2012, at the emergency room of the E Hospital around 05:38.

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. Relevant legal provisions concerning facts constituting an offense, and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on Suspension of Execution as agreed with the bereaved family members);

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