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(영문) 울산지방법원 2016.04.21 2016고단170

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 is a person who is engaged in driving a Bchip car.

On September 23, 2015, the Defendant came to proceed along the intersection in front of the D Hospital located in Ulsan-gu, Ulsan-gu, Seoul along three-lanes from the parallel distance to the parallel of Taehwa-gu.

At the time, the place was in a state of the front door, and there was a crosswalk where signal lights are installed at the front door, and thus, the driver of the motor vehicle has a duty of care to prevent accidents, such as reducing speed and checking whether there is a person driving the motor vehicle well.

Nevertheless, the Defendant neglected this and found the victim E (six years) who had a pedestrian red signal at the right side of the direction of the course by the negligence of proceeding, leaving it as it is, immediately, operated to avoid it, but did not avoid it, and received the victim as a part of the front part of the car.

Ultimately, on January 20, 2016, the Defendant caused the victim to die due to the above occupational negligence by preventing the traumad prop from being exposed at the Ulsan University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and each photograph;

1. Application of Acts and subordinate statutes to investigation reports (report attached to the direction of victim-related legal cases);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act provides that although the serious consequence of the death of a victim caused by the accident in this case, the circumstances of the accident can be seen as the main cause of the accident,