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(영문) 부산지방법원 동부지원 2014.02.18 2013고단3012
교통사고처리특례법위반
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 Bchip private taxi.

On September 23, 2013, the Defendant driven the above taxi on September 21, 2013, and proceeded along the two-lanes from the lowermost to the middle line of the river of the river of the river of the river of the river of the river of the river of the river of the river of the river of the river of the river of the river of the river of the river of the river of the Namcheon-gu, Busan.

Since there is a crosswalk where a signal, etc. is installed, the person engaged in driving service has a duty of care to check whether there is a person to build the crosswalk by reducing speed and by properly examining the right and the right and the right of the pedestrian, and to safely drive the crosswalk in accordance with the new subparagraph.

Nevertheless, the Defendant neglected to do so and did not regard the change of the cell phone signal that fell away from the taxi to the stop signal, and caused the victim C who cross the crosswalk from the right side of the above taxi to the left side according to pedestrian signals by negligence, which led to the shocking of the crosswalk to the front part of the above taxi.

As a result, the Defendant suffered injury to the victim of the instant occupational negligence during approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that vehicles of the defendant are subscribed to the mutual aid and that the defendant acknowledges his mistake);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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