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(영문) 부산지방법원 동부지원 2014.06.18 2013고단3210
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who drives a small-scale taxi in C.

On November 9, 2013, the Defendant driven the above taxi at around 03:55 on November 9, 2013, and led to the two-lanes between the two-lanes in front of the store of the two vehicles located in the Nam-gu, Busan and the two-lanes between the two-lanes, the speed of which is 60km per hour, and the speed of which is 60km per hour.

At the time of night, there was a duty of care to safely operate the operation and operation of the operation and steering gear by complying with the speed limit and by checking well the right and the right of the operation of the motor vehicle.

Nevertheless, the defendant neglected this and did not avoid the victim D (73 years of age) who is crossing the right from the left side of the running direction of the defendant, due to the negligence of speeding 83 km per hour, and received the victim's bridge part from the defendant's front part of the taxi.

As a result, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Suwon-gu, Busan, which was receiving a post-treatment treatment around 07:12 on April 10, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1, 2);

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the fact that the victim has reached an agreement with his/her bereaved family member);

1. Social service order under Article 62-2 of the Criminal Act;

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