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(영문) 부산지방법원 2020.12.24 2020고단3825
교통사고처리특례법위반(치사)
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 is a person engaging in driving a rocketing taxi.

On April 14, 2020, the Defendant driven the above taxi on April 14, 2020, and went through the three-lanes of the three-lanes in front of the D in Busan East-gu C along the three-lanes.

At the time, the road was 50 km/h at a speed limit, and the signal apparatus was installed at the front of the Defendant’s moving direction, so in such a case, there was a duty of care to prevent accidents in advance by complying with the speed limit to the person engaged in driving the vehicle, driving the steering wheel and brakes accurately, and operating the steering wheel and brakes accurately.

Nevertheless, the defendant proceeded at a speed of about 62 km/h of speed exceeding the speed limit, and neglected the duty of the front-way, and found the crosswalk in front of the direction of the defendant's moving to the right side from the left side of the crosswalk color signal at late, and found the victim E (Nam, 47 years old) who cross the right side on the left side of the crosswalk, and made the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at Busan National University Hospital in Seo-gu, Seo-gu, Busan, which was under medical treatment at around 15:47 of April 24, 2020.

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 2], the death of a traffic accident (the special sponsor] mitigated factors: The victim shall also be at considerable negligence for the occurrence of a traffic accident or the expansion of damage;

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