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(영문) 울산지방법원 2018.03.21 2017고단4146

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 a cargo vehicle of one ton.

Around 14:00 on June 17, 2017, the Defendant driving the said cargo vehicle, and driving the said cargo vehicle in Ulsan-gu E, a five-lane road in front of the “F agency” building in Ulsan-gu, in the direction of the “The Home Plux acid”, was straighted by a speed of about 50 kilometers per hour in the direction of the military direction.

In such cases, the driver of any motor vehicle shall lead it well to the direction in which he/she intends to drive the motor vehicle, accurately operate the steering gear, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner as may inflict any danger and obstacle on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant’s negligence in the course of business, which did not properly look at the front side of the Defendant’s vehicle, she walked from the right side of the vehicle at that time to the center line, and proceeded without discovering the victim G (e.g., age 75) who crossed the road, and went beyond the road by receiving the victim from the front part of the Defendant’s vehicle.

Ultimately, on November 25, 2017, the Defendant: (a) caused the victim to die due to the cardio-cerebral typosis during treatment, which occurred after being transmitted to the I Hospital located in Ulsan-gu H on November 25, 2017; and (b) caused the death of the victim due to cardio-cerebral typosis during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes of impeachment;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances favorable to the following grounds for sentencing)

1. The sentencing guidelines [the range of recommended punishment] The two types of general traffic accidents (the death of traffic accidents) shall be limited to the victim (the victim of two months to one year) in the area of special mitigation (the victim of special mitigation).