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(영문) 부산지방법원 2016.07.21 2016고단2932
교통사고처리특례법위반
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1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a taxi in K7.

On April 17, 2016, the Defendant driven the above taxi on April 15:55, 2016, and led the Defendant to drive approximately 82.8 km in the direction of the city in the direction of Busan Port through the two-lanes in front of the Do Do Da Do Do Da Do, Busan Metropolitan City, through the two-lanes in front of the Do Do Do Da Do Do.

At the time, the restricted speed is 60 km per hour, so in such a case, the driver had a duty of care to reduce speed and drive safely by complying with the traffic speed.

Nevertheless, the defendant's occupational negligence driving at a speed exceeding approximately 22.8 km by the defendant's speed, found the victim E (the 74 years old) who crosses the road to the right side from the left side of the direction of the defendant's proceeding to the right side. However, the defendant's failure to avoid the situation and received the victim from the front side of the defendant's taxi, and caused the death due to blood transfusion and cerebral damage in the two Han River in Busan National University Hospital located in Busan Metropolitan City, Seo-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of statutes on site photographs;

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The sentencing of Article 334(1) of the Criminal Procedure Act, which stipulates that the victim’s bereaved family members and the victim’s bereaved family members have agreed smoothly with the reason for the sentencing of the provisional payment order, the victim’s punishment or no more than the suspension of execution is imposed for the same kind of crime, and the victim’s negligence seems to have affected the instant accident, shall be determined as ordered by the sentence, in consideration of the circumstances and contents of the instant case, Defendant’s age

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