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(영문) 울산지방법원 2017.11.09 2017고단3532

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 engaging in driving a rocketing car.

On May 7, 2017, the Defendant proceeded at the speed of 69 km from the wing-distance side to the direction of viewing the three-lane road in front of the monthly scam in the south-gu New-dong, Ulsan-gu, Ulsan-do. On May 7, 2017.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by safely driving the steering gear and brake system, such as taking the front side and left side well, and properly operating it.

Nevertheless, the Defendant neglected to do so and found the victim C who walked on the road to the right side of the vehicle running on the left side of the motor vehicle running on the night, and was driven by the Defendant as the front part of the said motor vehicle, and caused the victim to die due to flaging the credit props while receiving medical treatment at the Ulsan National University Hospital located in Ulsan-dong, Ulsan National University on the same day at around 23:21, Ulsan National University on the same day.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, a death diagnosis report, and a traffic accident analysis report;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (to be selected within the scope of suspended execution (or within the extent of punishment grounds and by gross negligence when the occurrence of a traffic accident or the expansion of damage is significantly negligent), taking into account various circumstances shown in the record and pleadings, such as the following: (a) the subject of suspended execution is the first offense; (b) the vehicle of the defendant was driven in a straight signal state; (c) the vehicle was driven in a direct signal state; (d) the victim was the victim was crossing; (d) the bereaved family member was an agreement; and