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(영문) 울산지방법원 2019.05.30 2019고단1162

교통사고처리특례법위반(치사)

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 string three cargo vehicles.

On March 18, 2019, the Defendant driven the above cargo vehicle on March 20:42, 2019, and caused three-lanes from D's entrance in Ulsan-gun, Ulsan-gun, to turn to the left at the left at D's right angle from the front side of the Seoyang-Eup.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the side, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and continued to turn left on the right side of the cargo vehicle by negligence in violation of the signal, and by the victim E (the 48-year-old) driven by the victim E (the 48-year-old) who was driven from the Mayang-si in accordance with the straight line from the Mayang-si, the right side of the cargo vehicle.

Ultimately, at around 10:26 on March 20, 2019, the Defendant caused the death of the victim by occupational negligence from the H Hospital located in Ulsan-gu G due to acute respiratorysis, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. A report on investigation, a photograph of a black stuff image and a caps;

1. Application of Acts and subordinate statutes on death diagnosis and body photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence: