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(영문) 울산지방법원 2018.11.07 2018고단2607

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 of B Poter cargo vehicles.

On July 8, 2018, the Defendant driven a cargo truck at around 01:50, and got straight along two-lanes from the surface of the D private distance intersection located in Ulsan-gu C, Ulsan-gu, through the sloping-do basin.

At that time, a road where signal lights were installed, and the defendant changed the lane to one lane while driving the two lanes at the time, and thus, the driver of the motor vehicle had a duty of care to look at the front line, the left, and the right side of the motor vehicle while driving the motor vehicle, and to accurately manipulate the steering direction and the brake system, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and found the victim E (46 years) who failed to complete the course due to the negligence of changing the line from the two lanes to the one straight line, and found it late later, and had the victim go beyond the road by receiving the victim as the front part of the above cargo vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on July 17, 2018, by pressure on brain (liver) at the Ulsan National University Hospital located in Ulsan-gu, Ulsan-gu, U.S., U.S., U.S. 877 at around 16:10.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. Application of Acts and subordinate statutes of a 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 on the stay of execution (The conditions in favor of the reasons for sentencing shall be considered);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] and the sentencing range for two types of general traffic accidents (the death or injury of traffic accidents) (the period between April and one year) (the special mitigated person] bereaved family members are not subject to the punishment;

2. Determination of sentence;