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(영문) 부산지방법원 2015.07.14 2015고단2053
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

At around 23:20 on February 7, 2015, the Defendant proceeded at the speed of 97.3km from five lanes to five lanes from the beginning of Busan East-gu, Busan-do.

At the time, at night, the restricted speed was 70km per hour, and thus, the person engaged in the driving of a motor vehicle had a duty of care to safely drive the motor vehicle by checking the traffic conditions on the front and right side while observing the restricted speed.

Nevertheless, the Defendant neglected this and found the victim C (the age of 49) and the victim D (the age of 60) who crossed the above road to the right side of the direction of the Defendant at a speed exceeding 27.3 km per hour at a speed exceeding 27.3 km, and did not immediately operate the Hand, but did not avoid it. At the same time, the Defendant received the victim C in order with the front part of the above taxi's front part, beams, and front glass part of the above taxi's left part, and, at the same time, got the victim D to go beyond the floor, respectively.

Ultimately, around February 8, 2015, around 01:43, the Defendant caused the victim C’s occupational negligence to die due to damage to the head and the dives of the body part of the Dong University Hospital located in Seo-gu, Seo-gu, Busan, by the 26th century, while receiving the follow-up treatment at the Dong University Hospital located in Seo-gu, Seo-gu, Busan. In addition, the Defendant suffered injury to the victim D, such as a lupbus, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A corpse inspection report, a postmortem examination report, and a diagnosis report;

1. 교통사고보고⑴⑵, 수사보고(가해차량 과속), 사고장면 블랙박스 동영상 캡쳐 사진, 제한속도 표지판 사진 법령의 적용

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The selective penalty of imprisonment without prison labor;

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