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(영문) 울산지방법원 2016.02.04 2015고단3364

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is engaged in driving of B 22.5 tons of cargo vehicles, was driving the above cargo vehicles around 12:50 on October 28, 2015, and led the front of the post office in Kimhae-si to the direction of the 1nd office in the direction of the Agricultural Cooperative.

At the time, the Defendant was stopping a stop on the front line, starting from the straight line, so there was a duty of care to drive safely, such as properly operating the steering direction and brake system, while checking whether there is a pedestrian by properly examining the front line and the left and right.

Nevertheless, the Defendant neglected to do so and did not discover the victim C (the 75 years of age) who was standing on the left-hand side of the Defendant’s proceeding direction, and received the victim as the front-hand part of the Defendant’s vehicle, and led the victim to the left-hand rear wheels part.

Ultimately, the Defendant caused the victim's death due to such occupational negligence at the E hospital located in Kimhae-si, Kimhae-si, where the transfer fee was paid from around 14:47 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on actual condition, and photographs related to accidents;

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes on corpse death certificates and accident CCTV CDs;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the Act on the Suspension of Execution [The grounds for sentencing under Article 62(1)] of the Act on the Punishment of Specific Traffic Accidents (the scope of the recommended punishment] (the person subject to special mitigation of punishment for April to October) of the mitigated area (the person subject to special mitigation of punishment] [the person subject to punishment] of the punishment not to punish the victim for a traffic accident causing a traffic accident violating the duty of care and thus causing the victim's death, the liability for the crime is in depth, the fact that there is no past record of the crime other than the fine two times, the fact that the victim and his/her bereaved family