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(영문) 울산지방법원 2014.09.04 2014고단1411
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 wing and cargo vehicle B.

On March 19, 2014, the Defendant driven the above cargo vehicle on March 19, 2015:35, while driving the intersection at the entrance of a medicinal village located in Ulsan-gu, Ulsan-do, Ulsan-do, one-lane out of the two-lanes of the road.

At that time, since the signal apparatus has been installed, a person engaged in driving duty has a duty of care to see the right and the right and the right, and to prevent the accident in advance by driving safely in accordance with the signals.

Nevertheless, the Defendant neglected to perform the duty of her on the front side and the right side of the road and went beyond the victim C (the age of 85) who crosses the road to the port from the right side of the road while proceeding to the above intersection in violation of the signal.

Ultimately, the Defendant caused the victim's death by occupational negligence as seen above, resulting in the victim's freshion caused by the cage at the scene of the accident at the city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and on-site photographs;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to the investigation report (investigation, etc.);

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

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

1. The sentencing guidelines [the range of recommendations] for the sentencing of Article 62-2(1) of the Criminal Act of the Order to Attend a lecture in general traffic accident [the sentencing guidelines] set forth in Article 62-2(1) of the Criminal Act, and the sentence of mitigation (4 to 10 months) [the person who has been specially mitigated] of mitigation area (including serious efforts to recover from traffic accident] of punishment and non-compensation (including damage), Defendant was in a state of red-off lights by negligence in violation of the signal, but the defendant was in a state of red-off lights by negligence. However, he/she

However, the bereaved family does not want the punishment of the bereaved family under the mutual consent with the bereaved family members, and there is no criminal record against the accused.

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