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(영문) 울산지방법원 2017.07.06 2017고단1637

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cargo vehicle as D.

On April 1, 2017, the Defendant proceeded with three lanes in front of the F in Ulsan-gu E, Ulsan-gu, Seoul-do, about 08:25, in the direction of the Simsan-gu, in the direction of the road, from the shooting distance slope in the mountain to the string distance slope, at an insular speed.

At the time, the post-slick road was sleeped and the center line of yellow solid lines was installed, so there was a duty of care for those engaged in driving service to accurately operate steering gear and brakes and to safely drive them on the right side of the center line.

Nevertheless, the Defendant neglected that, while driving along the center line, the Defendant tried to lick the right side to enter the same two-lanes, and re-on the left side of the two-lanes, twits down the above cargo vehicle on the right side, while going beyond the center line, and proceeds over three-lanes. As such, the Defendant received the front portion of the victim G driving of the victim G driving, which was going along the three-lanes above, as the front portion of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim at the same day from the same occupational negligence as above due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act regarding criminal facts is serious as a result of the unlawful act committed by the victim's death due to the central invasion accident, and there is no agreement with the victim's bereaved family members to be punished corresponding to the relevant criminal liability.

However, the primary offender is not a case accompanied by drinking driving, but the state of brooms, at the time, served as one of the causes of this case, and is joining the mutual aid association.