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(영문) 울산지방법원 2013.04.08 2013고단225

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

At around 16:00 on November 24, 2012, the Defendant: (a) was a person engaging in driving D Poter Truck; (b) was driving the said vehicle on the road front of 103-dong, Ulsan-dong, Seocheon-gu, Ulsan-do, Incheon-do, and was driving from 106 to 103-dong rooms; (c) the body of the victim E (8 years old) who went to the left from the front side of the direction of the Defendant’s course due to occupational negligence, while neglecting the duty of 103-dong from the 106-dong, Ulsan-gu, Ulsan-do, the Defendant was driving the said vehicle; (d) caused the victim’s head head going beyond the floor due to the shock of the said cargo with the front wheels of the said cargo; and (e) caused the victim to die at the scene of brain pressure rise due to the two dub and brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. G statements;

1. The actual condition survey report;

1. A written result of autopsy and postmortem examination;

1. Photographss by cutting on the spot photographs and black stuffs images;

1. Application of Acts and subordinate statutes to the victim's photograph;

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. The facts constituting the crime on the ground of the selective sentencing of a sentence without prison labor do not seem to have any particular aggravated or mitigated element as a crime falling under the type 1 of general traffic accident according to the sentencing guidelines. As such, the location of the accident is not only the road in the apartment complex, but also the road in the apartment complex, and the victim is able to live eight, so it is difficult to view that the mitigated element constitutes “where the victim has a considerable fault

In light of all the circumstances (such as the fact that the victim's children, the fact that the bereaved family does not agree with the bereaved family of the victim, the bereaved family of the bereaved family of the bereaved family requires the strict punishment of the defendant, and the fact that the motor vehicle comprehensive insurance has been subscribed to) recorded in the trial and the records of this case within the scope of balancing in the basic

It is so decided as per Disposition for the above reasons.