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(영문) 부산지방법원 동부지원 2014.08.21 2014고단673
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 Cro-cab.

On February 2, 2014, the Defendant driven the above taxi at around 00:24, and led to the driving of the Gyeong-dong of Busan to the two-lanes from the border distance to the intersection of Seodaemun-gu.

At the time, it is night, the situation of rain coming from, and the opposite side of the light of the vehicle can not be seen as a purely visible view. Therefore, there was a duty of care to reduce speed and to prevent accidents in advance by accurately manipulating the steering direction and operation of the steering gear in a safe manner.

Nevertheless, the defendant neglected to do so and did not discover the victim D(40 years old) who illegally crossed the crosswalk from the left side of the running direction of the defendant to the right side of the crosswalk, and caused the victim to the front part of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim due to the occurrence of the second damage by occupational negligence at the F Hospital located in the Busan East-gu, Busan, on March 11, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of photographs and booms video CDs);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the gross negligence of the victim who illegally crosses the road which has many passing through the vehicle at night, deposit the amount of five million won, and the fact that responsibilities are recognized);

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