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(영문) 울산지방법원 2016.11.16 2016고단3335

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CL car.

Around 07:00 on August 11, 2016, the Defendant driven the said car and proceeded along the three-lane of the three-lane 7-lane in order to drive the said car in Yangsan City, in order to drive the said car along the speed of 77-lane from the Han River basin in consideration of the Han River basin to the Enmark. In such a case, a driver of a motor vehicle has a duty of care to check whether the motor vehicle has a pedestrian and to drive the motor vehicle safely, and to check whether the motor vehicle has a pedestrian and to drive the motor vehicle safely by taking well into account the speed and the right and the right and the right and the right of the motor vehicle. However, the driver of the motor vehicle neglected the duty of care to drive the motor vehicle at a speed exceeding 50 km speed of about 86.3km per hour, due to the negligence of driving the motor vehicle at a speed exceeding the speed of 50km per hour.

The Defendant caused the above victims to die on the spot due to the above occupational negligence, and caused damage to the two sides at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. The actual condition survey report and each inspection report;

1. A comprehensive analysis of traffic accidents;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the case in which the two victims of death have occurred and thus the decision of sentencing was considered due to the gravity of the result, but both the primary offender, the bereaved family members of the victims agreed to the agreement, the bereaved family members want to take up the Defendant’s front address, the comprehensive insurance is being subscribed, and other circumstances such as the details of the crime and the attitude of reflect as shown in the records and arguments are considered);

1. Social service order under Article 62-2 of the Criminal Act;