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(영문) 울산지방법원 2017.04.28 2017고단530
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of the Category C 6X2 Track Track.

On October 24, 2016, the Defendant driven the above cargo vehicle around 06:00, and led to three-lane roads (211.7 km point on the side of the border road in Busan) in front of the rest area of the Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-do, in the direction of about 65 km at a speed of about 65 km in city.

At the time, the driver was at night and at a bend, and in such a case, he had a duty of care to prevent accidents in advance by safely driving the steering gear, the steering gear, and the brake system, and to prevent accidents by driving it safely.

그럼에도 불구하고 피고인은 이를 게을리 한 채 전방을 제대로 확인하지 아니하고 진행한 과실로, 전방에서 차량 고장으로 D 현대 슈퍼 트럭 화물차를 정 차하고 그 뒤에 서 있던 피해자 E(64 세 )를 뒤늦게 발견하고 급제동하였으나 미처 피하지 못하고 위 트랙터 화물차의 앞부분으로 피해자를 들이받아 30m 가량 튕겨 져 나가게 하였다.

Ultimately, the Defendant caused the death of the victim due to the injury of two parts at the same place as the above occupational negligence, around 07:41.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal report, a report on the occurrence of a traffic accident, and an investigation report on the actual situation;

1. Application of Acts and subordinate statutes to each investigation report (as to the attachment of a copy of a document of different cases), (as to the attachment of a copy of a document of different cases)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years; and

2. The application of the sentencing criteria [the type of determination] shall be divided into two types of ordinary traffic accidents (the death or injury of traffic accidents) (the person subject to special sentencing).

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