logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.12.01 2016고단3119
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 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 a vehicle B or C.

On July 3, 2016, the Defendant driven the said car at a speed of about 64.1 kilometers per hour, along the two-lanes from the terminal distance to the intersection of Taesan-gu, Ulsan-gu, by driving the said car at a speed of about 64.1 kilometers per hour.

Since the above road is designated at the speed of 60 kilometers per hour as a place where the speed limit is designated as 60 kilometers per hour, there was a duty of care to reduce the speed and to prevent accidents due to a person engaged in driving business.

Nevertheless, the Defendant neglected this and caused the death of the victim D (the age of 49) who crosses the crosswalk on the right side from the left side of the running direction of the Defendant due to negligence in the course of duties beyond the speed limit, which led to the death of the victim due to damage of high scarfs at that place, by shocking the victim D (the age of 49) who crosses the crosswalk to the pedestrian red signal to the right side.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and a comprehensive traffic accident analysis report;

1. Application of each statute on photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

1. As to the instant accident for the reason of sentencing under Article 62(1)(c) of the Act on the Suspension of Execution, considering the following circumstances: (a) as to the occurrence of the instant accident, there appears to have been considerable negligence on the part of the victim crossinging the road on the pedestrian red signal; (b) even though the limit is exceeded 4km/h, the degree of violation of speed is minor; and (c) the victim’s bereaved family members and the victim’s family

arrow