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(영문) 부산지방법원 2017.05.18 2016고단7953
교통사고처리특례법위반(치사)
Text

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

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 driving of B-si.

On August 10, 2016, the Defendant driven the above taxi at around 06:10 on August 10, 2016, and operated the repair intersection in Busan Jung-gu at the direction of the intersection through the intersection of the border.

Since the location is where signal, etc. is installed, in the case of a red signal for a person engaged in driving service, there was a duty of care to check and start the location of another vehicle in the intersection after stopping the vehicle, but changing to a green signal.

Nevertheless, the Defendant neglected this and caused the victim C to go beyond the ground by taking up the right side part of the bicycle operated by the victim C, which was driven on the left side of the Defendant’s running direction, with a red signal predicted before entering the green signal.

Ultimately, around August 12, 2016, around 00:26, the Defendant caused the death of the victim due to such occupational negligence by pressure on brain in the Busan Seo-ro, Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A traffic accident investigation report, an investigation report (referring to a black image and on-site photographing), - Ten copies of a black image and a traffic accident analysis and appraisal report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), and selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order has resulted in serious consequences leading to the death of the victim of the instant accident, and there was no agreement with the bereaved family members. Meanwhile, the Defendant is closely against the crime, and the Defendant appears to be compensated by the taxi mutual aid association, and both of them are negligent.

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