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(영문) 울산지방법원 2015.06.18 2015고단547
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a Crane car.

On November 14, 2014, the Defendant driven the above car on the 19:33rd day of Ulsan Metropolitan City, and proceeded along the three-lane road in front of the three-lane apartment complex in the south-gu, Chungcheongnam-gu, Seoul Metropolitan City.

Although it is difficult to secure the view at night at the time, the defendant neglected to stop on the front side of the above road, and even if there is a possibility that a person who driven from the urban bus could cross the road without permission due to the bus stop on the right side of the above road, the defendant's negligence of driving the road over a speed of about 93km at the speed exceeding 70km per hour, which is the speed limit of the above road, led to the victim D (n, 23 years old) who illegally crossed in the front side of the above vehicle.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence to the second damage.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written result of autopsy;

1. Application of each investigation report (joint on-site investigation by the Road Traffic Authority, testing of suspect vehicles, response to a request for the analysis of traffic accidents, presumed speed) and reply statutes to the request for the analysis of traffic accidents by the Road Traffic Authority;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act [the scope of recommendation] of the Act on the Order to Provide community service and attend lecture where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage to the victim (special mitigation) in the mitigated area (4-10 months) of the Act on the Punishment of Traffic Accidents (the occurrence of traffic accidents) (the special mitigation) (the decision of the sentence] of this case, the Defendant is bound by excessive speed beyond the speed limit

It is the case that the victim who was crossing the road dies.

The result of death is serious.

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