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(영문) 부산지방법원 2015.06.24 2015고단1570
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On December 15:13, 2014, the Defendant driven the above taxi on December 15:13, 2014, and proceeded at about 70 kilometers in the speed of the city in the direction of the Chinese Heavy Industries, which is the four-lane road in front of the Busan Bank, Taedo-ro, Busan.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe way to live well.

Nevertheless, the defendant neglected this and found the victim D (n, 80 years old) who cross to the port from the right side of the defendant's course due to the negligence of the defendant's failure to go beyond the ground. However, the defendant did not avoid it, but did not go to the defendant's cab part and did not go to the ground.

Ultimately, at around 18:00 on the same day, the Defendant caused the death of the victim due to low-weight shock, etc. at the East Asia University Hospital, which is located in Seo-gu, Busan, Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of the occurrence of traffic accidents by defendants;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident initial action report, a photograph related to each accident, and a death diagnosis report;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Sentencing (Determination of a type) where there is substantial negligence in the occurrence of a traffic accident even for a victim of a general traffic accident, type 2 (Death resulting from Traffic Accidents), mitigation area (special-sponsor) and factors for mitigation of a traffic accident, not subject to punishment (Scope of a sentence of recommendation) (Scope of a sentence of punishment) for April to October;

2. Determination of sentence: Death of a victim of April of imprisonment without prison labor or year of suspended execution;

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