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(영문) 부산지방법원 2013.09.24 2013고단2992
교통사고처리특례법위반
Text

Defendant

A shall be punished by imprisonment without prison labor for eight months and by imprisonment for two years and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person engaged in the operation of E-si, and Defendant B is a person engaged in the operation of FM3 passenger vehicles.

Defendant

A, around 03:10 on November 10, 2012, driving the above taxi, and driving the road of four-lanes in front of the cruise at the Busan-gu Macheon-dong, Busan-gu, along the two-lanes from the intersection to the intersection, at the speed of about 60km from the intersection to the intersection. Defendant B, on the same date, driven the above vehicle while under the influence of alcohol level of 0.106% at the same time, while driving the said vehicle at the speed of 0.10%, while driving the said vehicle at the intersection from the intersection to the intersection of the traffic level of the traffic level of about 50km along the two-lanes from the intersection to the intersection of the traffic level of the Defendant A.

At the time, there was a duty of care to drive a person engaged in driving service due to the fact that the objects, etc. on the front door at night are not clearly identified, and there was a duty of care to reduce the speed and to live well.

Nevertheless, the Defendants neglected to do so and proceeded without permission, and Defendant A got the victim G (the 27 years of age) who illegally crosss the right from the left side of the Mad taxi to the right side, and Defendant B continued to cross the victim on the road.

After all, the Defendants caused the death of the victim due to the damage of the head and the head of the body part by negligence in the above occupational negligence, and Defendant B did not take necessary measures, such as taking the above traffic accident and aiding the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning H, I, J, K, L, and M;

1. A traffic accident report;

1. Responses to results of traffic accident investigation and analysis;

1. Requests for appraisal;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article applicable to criminal facts;

(a) Defendant A: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

B. Defendant.

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