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(영문) 울산지방법원 2015.01.30 2014고단3505

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of B Poter cargo vehicles.

On July 8, 2014, the Defendant driven the above cargo vehicle at around 14:05, while driving it, from sunrise apartment 104, Eastern-ro, 104, Eastern-ro, which is located in Ulsan-gu, Ulsan-gu, Ulsan-do, was driving at about 45 km each other, at the speed of about 45 km each other, depending on one way between the 3-lane and the west East East-ro.

Since there are a large number of apartment complexes around the world and the time of the rapid decline, in such a case, there was a duty of care to prevent accidents by driving safely, such as accurately operating the steering gear and the steering gear, and living well on the right and the right and the right of the vehicle.

Nevertheless, the defendant neglected this and found the victim C (n, 46 years old) crossing the road from the two-lanes to the one-lanes from the front of the cargo vehicle of the defendant, and did not properly move to the front of the cargo vehicle of the defendant due to negligence.

Ultimately, the Defendant’s negligence on July 8, 2014, caused the death of the victim in Ulsan Hospital located in the 17th-ro, Nam-gu, Ulsan Metropolitan City on July 15, 2014 due to the diversal dysty and cerebral dyssis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report and photographs;

1. A death diagnosis report and a written record of autopsy;

1. Analysis of traffic accidents;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations] general traffic accidents in the category 2 (Death Caused by Traffic Accidents) (2-10 months) (2-10 months to special mitigation) shall also be borne by the victim by considerable negligence in the occurrence of traffic accidents or the expansion of damage.