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(영문) 창원지방법원 통영지원 2013.11.06 2013고단602
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

The Defendant is a person who is engaged in the duty of driving a rocketing private taxi.

Around 00:20 on June 15, 2013, the Defendant driven the above vehicle, and led to a two-lane road in the direction of the creative city in the direction of the city, from the view of the city, through through a two-lane road in the direction of the city.

At the time, it was considerably difficult for a person engaged in driving of a motor vehicle to take full time at night because there is no lighting equipment such as street lamps at night. In such cases, the person engaged in driving of a motor vehicle has the duty of care to reduce speed in advance, take into account the traffic situation well, and safely drive the motor vehicle in advance to prevent the accident.

Nevertheless, the defendant is negligent in doing so and is proceeding.

Among two-lanes in the same direction, the victim C(n, 86 years old) was not found, and the defendant was able to get a part of the victim's right bridge in front of the right side of the taxi driving by the defendant.

Ultimately, at around 00:40 on the same day by occupational negligence, the Defendant caused the victim to die in the E Hospital located in Gyeongnam-gun D due to the occurrence of a traffic accident, with a long-term damage to the risk of a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report, a traffic accident report (on-site investigation report), and photographs;

1. Application of Acts and subordinate statutes to death, death, and postmortem examination records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is very important to result in the death of the victim due to the instant accident. However, the Defendant recognized the instant crime and closely reflects the Defendant, the vehicle driven by the Defendant is admitted to the Private Taxi Mutual Aid Association, is agreed with the bereaved family of the victim, and the victim is two lanes on the roadway at night.

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