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(영문) 울산지방법원 2014.06.13 2014고단131
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of C chartered Buses.

On December 9, 2013, the Defendant driven the above bus on December 17:25, 2013, and proceeded at a speed of about 50 km from the side of the solar industry to the speed of about 50 km along the speed of 5 km from the direction of the train.

Since there is a private distance intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to safely proceed with the signal apparatus according to the signals and prevent accidents.

Nevertheless, the Defendant neglected to do so and caused the Defendant’s fault in the course of a stop signal to shock the left back side of the Defendant’s vehicle into the front part of the driver’s vehicle, where the victim D (the age of 66) driver’s license plate was left from the right side of the running direction of the Defendant.

Ultimately, at around December 17:58, 2013, the Defendant caused the death of the victim due to the above occupational negligence due to the pulmonon damage caused by the destruction of the victim due to the dynasium of the U.S. and the dynasium of the U.S. E E in Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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 on a written autopsy;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 of the Criminal Act - The amount of imprisonment without prison labor or heavier punishment selected;

1. The scope of the recommended sentence on the sentencing guidelines (the determination of types) [the scope of the sentence for traffic accidents] Class II (the scope of the recommendation], and the imprisonment without prison labor for eight months to one year and six months (the basic area);

2. When the victim dies due to the negligence of the defendant's decision to punish him/her, the result of the crime is significant, the bereaved family members of the victim want to punish him/her as the bereaved family members do not reach agreement with him/her, and the victim's age, character, conduct, environment, etc. are shown in the arguments.

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