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(영문) 울산지방법원 2015.10.15 2015고단1596

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a truck B 27 tons.

On January 20, 2015, at around 11:13, the Defendant proceeded along three lanes with four lanes in front of D stores in Yongcheon-si, Youngcheon-si, Incheon Metropolitan City.

A driver of a motor vehicle has a duty of care to ensure that he/she shall not drive a motor vehicle at a speed or in a manner that causes any danger and injury to others by accurately manipulating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded on the same lane, and the victim E (the age of 89) who is driving on the right side of the said truck in the same lane has taken the left side of the electrical bicycle driving on the right side of the said truck and had the victim go beyond the floor.

Ultimately, the Defendant caused the victim’s death at around 12:50 on the same day due to the injury of the pelpelum by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. A death certificate, a copy of medical record, a certificate of first-aid services log, and a autopsy and appraisal report;

1. Application of the Acts and subordinate statutes to photograph photographs, such as photographs, changeers, and portraits, photographs of black stuffs, and photographs of accident vehicles, such as photographs on the scene of a traffic accident;

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, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Crime of Motor Vehicle Accident Death, etc.) [Special Mitigation] Punishment and Non-Punishment [Pronouncement Decision] in the area of mitigation (Article 62(1) of the Criminal Act] (Article 62(2) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)(Article 62(1)(Article 62(1) of the Act