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(영문) 울산지방법원 2014.04.25 2014고단159
교통사고처리특례법위반
Text

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

except that 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 engaged in driving a rocketing car.

On October 31, 2013, around 19:05, the Defendant, along with two-lanes of the entrance distance at the intersection of the Susan-dong Susan-si, Susan-si, the two-lanes of the two-lanes of the two-lane road at the same time at the port of the same Sinsan Police Station in the same Sinsan-si, and came into the Republic of Korea following the signal signal.

At the same time, a driver has a duty of care to prevent accidents in advance by properly examining whether pedestrians, etc. are in front of the crosswalk when the driver starts from the intersection after signalling.

Nevertheless, the defendant neglected this and did not discover the victim C (ma, 65 years old) who crosses the crosswalk in front of the direction of the defendant's proceeding to the right side, and instead received the victim from the front part of the above car to the right part above the ground floor.

After all, the Defendant had the above victim receive treatment at the emergency room of the E Hospital located in Seo-gu Busan Metropolitan City, Seo-gu on November 7, 197, around 07:50 of the same year due to the above occupational negligence, and caused the death of cerebrovascular.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of the recommended sentence on the sentencing guidelines [decision of types] the scope of the ordinary traffic accident Type II (the death of a traffic accident by a special person]: Reduction elements of punishment (the scope of the recommended sentence]: April to October (the area of mitigation) without prison labor;

2. Although the result of the crime is serious when the victim of the sentence dies, the defendant has no means to punish the defendant, and the motor vehicle driven by the defendant is a comprehensive insurance.

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