beta
(영문) 울산지방법원 2015.07.22 2015고단535

교통사고처리특례법위반

Text

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

However, 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 C straight-line bus.

On December 4, 2014, at around 20:25, the Defendant driven the above bus and proceeded along the four-lane road in front of the E hotel in the south-gu Seoul Metropolitan City, Ulsan Metropolitan City along three-lanes from the edge of the industrial tower to the Taesan River.

The Defendant, even though the signal signal of the front signal was red, proceeded in violation of the signal signal, neglected to take the front view of the front view even if the front view was turned down at night and by a river, and neglected to take the front view of the front view. By negligence, the Victim F (F, 58 years old) crossing the crosswalk in accordance with the pedestrian signals in the front direction of the bus was shocked to the front end of the bus.

On December 7, 2014, at G Hospital around 19:14 on December 7, 2014, the Defendant caused the death of the victim due to cerebral blood and cerebral cerebral cerebral cerebral mas.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A survey report on actual condition, 1, 2, and photograph;

1. Reports on internal investigation (ctv verification);

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the range of recommending punishment] mitigated area (including special mitigation in April to October), mitigated area (including efforts to recover from damage caused by traffic accidents) (Article 62-2) (Article 62 of the Criminal Act) (Article 62-2) (Article 62 of the Criminal Act) (Article 62 of the Criminal Act) (Article 62-2) (Article 6 of the Act on the Punishment of Traffic Accidents) (Article 62 of the Punishment of Traffic Accidents) (Article 62 of the Punishment of Traffic Accidents) (Article 6

On the other hand, there is no record of crime except for the punishment of a fine of KRW 700,00 as a violation of the Road Traffic Act in 2002 by agreement with the bereaved family members.

In addition, the victim is a pedestrian signal at the time of the accident.