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(영문) 부산지방법원 2016.09.28 2016고단3440
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of B rocketing taxi.

On April 22, 2016, the Defendant driving the above taxi on April 02, 2010, and driving the four-lane road in front of the Busan Bank that is located in the Seosan-dong, Busan, through two-lanes from the intersection to the viewing of the city-speed road, the Defendant, without looking at the front right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

At around 09:50 on the same day, the defendant had the victim of the above traffic accident caused the death of the victim due to the ambacy in the middle patient hospital in Seo-gu Busan Metropolitan City, Seo-gu. 179 Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Investigation report (Attachment, such as black photographs, etc. of vehicles), investigation report (investigation into the speed of vehicles under command), investigation report (written response to requests for appraisal, etc.);

1. Application of Acts and subordinate statutes to a criminal investigation report (a death diagnosis report, etc.);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of special mitigation (the period between February and one year) [the person subject to special mitigation] where there is a substantial fault in the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished (including efforts that have been advanced for recovery from damage);

2. The life of a person who was driven by negligence and negligence in front of the defendant's decision of sentence was caused by the death of the person, but the taxi of the defendant's driver was admitted to the Financial Cooperative and agreed with the victim's bereaved family.

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