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(영문) 울산지방법원 2014.05.01 2014고단186

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 a C-C-C-C-C-C-C-C-C-C-

On December 23, 2013, the Defendant driven the above vans around 20:20 on December 23, 2013, and led to turn to the left at the right angle of the two-lane road in front of the 25-lane west-dong, Chungcheongnam-si, Chungcheongnam-si, Yangnam-si.

At the time, a crosswalk is installed at night and at the front, without signal lights, so in such cases, there was a duty of care to check whether a person engaged in driving service has a duty of care to safely drive and check whether he/she is a person to reduce speed and to see well the right and the right and the right.

Nevertheless, the defendant neglected to turn to the left as it is, and caused the head of the victim D (the age of 57) who dried the crosswalk from the right-hand side of the defendant's running direction to the left-hand side of the crosswalk to the left-hand side of the crosswalk.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on December 29, 2013, at the F Hospital located in Yangyang-si E in Yangsan-si around 16:19.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report, on-site photographs, and death certificate;

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;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on the grounds of sentencing under Article 62-2(1) of the Order to Attend shall be that it is a serious crime that causes death by shocking the victims of the crosswalks (the general traffic accident, the death of traffic accidents (the general traffic accident, the death of traffic accidents), the basic area, and the recommended sentencing period from April to October

However, the execution of the sentence shall be postponed in consideration of the fact that the bereaved family members and the bereaved family members do not want the punishment, and that the defendant has no criminal record, etc., but the situation of the accident shall be considered.