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(영문) 울산지방법원 2017.09.20 2017고단2027

교통사고처리특례법위반(치사)

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 is a person who is engaged in driving of a C Poter cargo vehicle.

On May 11, 2017, the Defendant driving the above cargo vehicle around 21:01, and driving the two-lane road in front of the school flow 223 north-ro, Ulsan-gu, Ulsan-do, Ulsan-do, with two-lanes of 50-60km each hour depending on the household distance from the Sungnam-dong bank.

At the time, the road, which is a night and passed between the housing price and the area of the Tae River Sports Facilities, is a place where pedestrians who are installed at a crosswalk and 35 meters m prior to the front of the road frequently walked the road. In such a case, the driver of the motor vehicle has a duty of care to check whether there are pedestrians, and to accurately manipulate the operation and steering devices of the road and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not look at the front side of the vehicle and proceeded as it is, and the Defendant was negligent, to have the victim D (65) crossing the road to the right side from the left side of the vehicle driving on the upper side of the above cargo, and received the direction of the road after the left side of the above vehicle.

Ultimately, the Defendant suffered from the injury of the injury inflicted on the victim due to the above occupational negligence, and thereby caused the death at the Ulsan National University Hospital located in Ulsan National University in Ulsan-gu, Ulsan National University on May 11, 2017 at around 23:03, Ulsan National University Hospital, 877.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

1. The sentencing guidelines [the range of recommended sentences] the two types of general traffic accidents (accidents caused by traffic accidents) and the area of special mitigation (two to one year) [the victim] are also causing traffic accidents or increasing damage.