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(영문) 울산지방법원 2017.04.19 2017고단335

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 a leisure car B.

On November 28, 2016, the Defendant driven the said car at around 09:00, while driving the said car and driving the front road of the “D” in the Yangsan City, along the two-lanes of the two-lanes of the two-lanes, from the boundary of the two-lanes in the two-lanes.

At the same time, the bicycle of the victim E (n, 67 years old) was pre-paid on the two-lane side of the running direction, so in such a case, the driver of the vehicle had a duty of care to safely change the lane by keeping the safety distance with the preceding bicycle and maintaining the safety distance with the preceding bicycle.

Nevertheless, the defendant neglected this and changed the lane as it is by negligence, and received the victim's bicycle back part of the victim's bicycle driving which changed the lane from the front side of the running direction to the first lane at the same time as the passenger car of the defendant.

Ultimately, around November 28, 2016, the Defendant: (a) caused the victim’s death by occupational negligence, i.e., multi-f., diver blood transfusion from the “Yansan Busan National University Hospital,” which was located in 20 Geum-si, Yangsan-si, Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. A survey report on actual condition, accident scene, and photographs of the victim's death;

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

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] are two types of general traffic accidents (the death or injury of traffic accidents) (the period from April to one year) (the period from April to one year) and the punishment is not imposed (including the serious efforts to recover damage);

2. Circumstances unfavorable to the sentence: A person who neglected his/her duty of care to overtake a bicycle before, thereby causing the death of the victim.