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(영문) 울산지방법원 2014.08.29 2014고단1817

교통사고처리특례법위반

Text

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

except that 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 a low-speed car B.

On January 19, 2014, the Defendant driven the said car at a speed of about 86 km from 19:00 to 19:00, and driven the two-lane road in front of the luminous death in the south-gu Free Zone of Ulsan-gu, Ulsan-do, by driving the said car at a speed of about 86 km from the flive to flick-ri:0 to flick-ri.

At this point, there was a duty of care to prevent accidents by complying with the speed limit and performing the duty of care for the driver of the vehicle on the road section with a speed of 60 km per hour.

Nevertheless, the Defendant neglected this and did not discover the victim C (Woo 76 years of age) who was crossing the right from the left side of the running direction of the said car to the speed exceeding 26 km per hour, and had the above victim go beyond the road.

Ultimately, at around 07:15 on the same day as above, the Defendant caused the victim's flive death by a flick joints of a flickus.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. On-site photographs;

1. A death certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act - Selection of imprisonment without prison labor;

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of the recommended sentence on the sentencing guidelines (the determination of types) [the scope of the sentence for traffic accidents] Class II (the scope of the recommendation], and the imprisonment without prison labor for eight months to one year and six months (the basic area);

2. As the result of the crime was serious when the victim who was sentenced to sentence dies, a sentence of imprisonment shall be selected.

Provided, That the sentence shall be determined as per the order in consideration of the fact that the victim has agreed with his/her bereaved family members, and the defendant has no record of punishment exceeding the fine.