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(영문) 부산지방법원 동부지원 2014.03.26 2014고단120
교통사고처리특례법위반
Text

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

except that 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 B rocketing taxi.

On December 11, 2013, the Defendant driven the above taxi on December 05:16, 2013, and proceeded with the three-lane road in front of the restaurant, regardless of the dong or any Dong or any Eup or Myeon of the captain of the city in Busan, with the 79km away from the gym of the captain.

At the time, there was a crosswalk in which the intersection with the intersection where the signals, etc. are installed at night and at that time, and as such, there was a duty of care to reduce speed to the driver of the motor vehicle and to ensure the right and the right of the driver of the motor vehicle as well as to safely drive the motor vehicle in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim C (the 22 years old) who has laid the crosswalk on the right side of the defendant's running direction by neglecting the fact that the signal is changed to yellow signal while continuing to proceed at the same speed, and was immediately driven by the defendant, but did not avoid it, and did not go beyond the ground by taking the part of the victim's bridge as the front part of the taxi right side of the defendant's taxi.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on the 14th 17:34 of the same month at the E Hospital located in Busan Shipping Daegu, Busan, due to the high level of double damage.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written result of autopsy;

1. Application of the Acts and subordinate statutes to image materials taken for traffic accidents;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed by the defendant while driving a motor vehicle in violation of his duty of care while driving the motor vehicle, and thus resulting in the death of the victim.

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