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(영문) 부산지방법원 동부지원 2017.08.10 2017고단1172
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving K5 taxis.

On February 18, 2017, the Defendant driven the above taxi at a speed of about 68km in speed from the east-gu to the east-gu west-gu, Busan, at a speed of about 68km from the east-gu to the east-gu, Busan.

At the time, the crosswalk is installed at night and at the front, so the driver of the motor vehicle has a duty of care to prevent the accident in advance by taking measures such as checking whether there is a person driving the crosswalk, and by safely driving the motor vehicle.

Nevertheless, the defendant neglected this and proceeded on the left side of the above crosswalk, and the victim E (the age of 66) who was crossing the above crosswalk from the left side was placed on the top of the left side of the above taxi.

Around March 22, 2017, the Defendant: (a) caused the death of the victim due to the occupational negligence, which caused the death of the victim in the heart of the Busan National University Hospital located in Seo-gu, Seo-gu, Busan, Seo-ro, Seo-gu, Busan to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a traffic accident report, an on-site photo, a traffic accident report, an on-site photograph of the accident immediately after the occurrence of the accident, a criminal investigation report (the confirmation of a black stuff image), a photograph, a death certificate, a medical opinion, a medical certificate, and a corpse photograph;

1. The crime of this case concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act, which resulted in the occurrence of traffic accidents in the crosswalk and the death of a victim who is crossing the crosswalk. The crime of this case is disadvantageous to the fact that there is no significant criminal liability, and that the defendant did not reach an agreement with the bereaved family of the victim until now.

However, the defendant recognizes the facts charged and seriously reflects it.

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