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(영문) 울산지방법원 2016.09.13 2016고단2592

교통사고처리특례법위반(치사)

Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2016, the Defendant driven CA car at around 18:15, and turned to the opposite direction that the three-lane roads in front of the E station in Ulsan-gu, Ulsan-do, U.S., are proceeding in the direction of one-lane from the spora-distance flood to the spora-distance flood.

At this point, the center line of yellow solid lines is installed.

Therefore, the driver of a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side, to safely operate the motor vehicle in the front line, and to ensure that the driver should not operate the motor vehicle in excess of the real line.

Nevertheless, the Defendant neglected this and got the front part of the Victim F (Y, 37 years old) driving G Otoba in the opposite direction due to the negligence of the Defendant’s neglecting it, and received the front part of the Defendant’s car from the right side.

In the Defendant’s occupational negligence, the victim died on the same day on the grounds of mass blood plessis, damage to dypical transfusion at the Ulsan National University Hospital in Ulsan-gu, Ulsan National University on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A death certificate;

1. Application of related Acts and subordinate statutes to photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The recommendation of sentencing guidelines [the types of decisions] the two types of general traffic accidents (the death of traffic accidents) [the person who is subject to special sentencing] mitigation factors: Where the illegality is serious (except subparagraph 8) in the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the victim and his/her bereaved family members after filing a public action): (the scope of recommended punishment] 8 months to 2 years from 8 months from 2 years from 30 years from 30 years (the basic area of general sentencing) (the person subject to general sentencing): Whether the person has subscribed to the comprehensive motor vehicle insurance, serious reflectness, and no record of criminal punishment [the suspension of execution] are compared and assessed in a comprehensive manner.