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(영문) 부산지방법원 2016.09.29 2016고단3237
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a person engaged in rocketing taxi driving service.

On January 29, 2016, the Defendant driven the above rocketing taxi around 03:35, and led the intersection in front of the Geum River elementary school located in the Sindong-dong Busan to go about about 50km in speed, depending on the two-lanes between the three-lanes of speed and the three-lanes of speed.

The location is an intersection where signal apparatus is installed, and there is a pedestrian crossinging the road to the right side on the left side of the direction at the time, so in such a case, there was a duty of care to check whether there is a person driving a motor vehicle to reduce speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and did not stop in violation of the red light signal, which is the vehicle stop signal, and proceeded immediately with it, and did not discover the victim D (V, 74 years old) who was crossing the road near the crosswalk to the right side of the left side of the Mad taxi driving direction, and had the victim go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as cutting the alleys of both sides of the runways and the cutting of the upper right frame, which require approximately 10 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Each investigation report (record 15 pages, 20 pages, 34 pages);

1. Application of Acts and subordinate statutes of a medical certificate;

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

2. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of the general traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) (Article 62(1) of the Criminal Act (Article 62(1) of the same Act) is the basic area (Article 4-1 (Special Reduction or Exemption) (Article 62(1)).

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