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(영문) 울산지방법원 2014.09.26 2014고단431

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 driving a Bren car.

On October 24, 2013, the Defendant driven the above vehicle at around 06:34, and driven the intersection, such as the signal of the fambling distance in the dong-ri, Seoyang-gu, Ulsan-si, Ulsan-si, by driving at about 60km each other at a speed of 2 lanes from the distance of the terminal distance to the two elementary schools at the speed of about 60km each other.

At the time, a new wall was put in the front door, and there was a crosswalk on which signal lights are installed at the front door in the state where the sucked sucks, so the Defendant engaged in driving the motor vehicle had a duty of care to check whether there was a person who spaws a way to reduce speed and to check the front door well, and to prevent accidents in advance.

Nevertheless, the defendant neglected this and reported only the direct driving signal on the front side of the road, and found the victim C (the 83 years old), who dried the crosswalk to the right side from the left side of the defendant's running direction, late later, and received the victim as the front part of the Karen vehicle.

Ultimately, the Defendant caused the death of the victim due to the prolonged damage, etc. from the Seoul Mountain Hospital located in Ulsan-gun, Ulsan-gun, which was receiving a post-treatment treatment at around 07:17 on October 24, 2013 due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. The actual condition survey report;

1. On-site map and accident site photograph;

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

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. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing criteria shall be recommended and sentenced [decision of type] on the basis of the sentencing criteria, the range of general traffic accidents (the death of a traffic accident)(the death of a special person). The mitigated factors: imprisonment without prison labor, which shall not be imposed (the scope of the sentencing of recommendations).