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(영문) 울산지방법원 2019.02.22 2018고단3294

교통사고처리특례법위반(치사)

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 of B-II cargo vehicles.

On August 1, 2018, the Defendant driven the above cargo vehicle at a speed of 20:25, and led to the left-hand turn-hand turn-hand turn-off from the D intersection to the E elementary school located in Ulsan-gun, Ulsan-gun.

At the time of night, there is a duty of care to prevent accidents, such as closely seeing the front door and the right and the right and the right of the driver, and accurately manipulating the steering and brakes, etc.

Nevertheless, the Defendant neglected this and did not closely see the right side of the front and the right side of the truck, and did not accurately operate the steering direction and the brakes to the F apartment from the direction of the Diplomatic Association without permission, and received the parts of the body side of the victim G (n, 67 years old) crossing the road from the direction of the F apartment to the right side of the truck.

Ultimately, at around August 11, 2018, the Defendant caused the death of the victim due to cerebral macy and traumaal ties at the I Hospital located in Ulsan-gu H, Ulsan-gu, Seoul-gu around 22:52.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

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

1. An analysis of traffic accidents;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is the death of the victim because the defendant did not find the victim crossing the road at the front of the road due to occupational negligence when the defendant driven a vehicle at night and neglected his duty at the front of the night and failed to turn to the left.