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(영문) 부산지방법원 2015.11.10 2015고단4838
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, 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 rocketing taxi.

On April 17, 2015, the Defendant driven the above taxi on April 17, 2015, and driven the road of four-lanes in front of the Ematet in Busan, Seo-gu, Busan, along the two-lanes from the direction of the direction to the tring.

At the time, it is difficult to secure the view at night, and there is a road at the speed of 60km per hour, and there is an intersection where signal lights are installed in the front. In such a case, the driver has a duty of care to reduce the speed and operate safely according to good faith.

Nevertheless, the Defendant neglected this and went through the red signal crossing at a speed of 88km above that of 28km per hour by negligence, and received the victim F (the age of 63) who opened the crosswalk to the port from the right side of the Defendant’s proceeding, from the right side of the road.

Ultimately, around 03:30 on April 17, 2015, the Defendant: (a) caused the victim F to die due to cerebral injury, etc. at the Dong University Hospital located in the Seo-gu, Seo-gu, Busan, Seo-gu, Busan; (b) caused the injury to the victim G (V) who is a passenger due to the shock of the accident that requires approximately 6-day medical treatment; and (c) caused the same victim H (V, 40 years of age) with the injury of the shoulder dump, etc. requiring approximately 4-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. A death certificate and a written confirmation of each medical treatment;

1. Vehicle operation records, a digital analysis and appraisal report, and each black image;

1. Application of the statutes governing the actual condition of traffic accidents;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment without prison labor, because the option of the punishment is heavier than the fault of the defendant and is serious damage;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The confession of the defendant, and the agreement with some of the victims of bodily injury under Article 62 (1) of the Criminal Act is made to the defendant;

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