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(영문) 울산지방법원 2020.07.23 2020고단367
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 BM3 car.

On December 16, 2019, the Defendant driven the above car at around 21:59, and made the left turn turn to the left while driving the three-lane road at the entrance of the C Apartment at Yangsan City from the Yangsan Seaside to the C Apartmentside.

At this point, three-dimensional signal lights are installed, and there is an intersection where it is possible to turn to the left, so in this case, there was a duty of care to prevent accidents by safely driving the vehicle after checking whether a person engaged in driving the vehicle complies with the traffic signal and is directly driving on the road in good manner.

Nevertheless, the Defendant neglected this and did not look at the front and the left turn without properly protecting the victim, and the victim E (the 44 years old) who was placed in Dmera in line with the normal new code in this part, was placed under the Defendant’s vehicle because the victim E (the 44 years old) was forced to stop in order to avoid the Defendant’s vehicle, and was unable to avoid driving on the road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by damaging the head and the trees at the site.

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. Application of Acts and subordinate statutes to the scene of an accident, a photograph of the corpse, and death check;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of the sentencing of the Defendant’s failure to provide community service and attend lectures led to serious consequences leading to the death of the victim. However, in full view of all the sentencing conditions against the Defendant, including the background leading up to the instant accident, the degree of the Defendant’s negligence, the agreement with the victim’s bereaved family, and the fact that the Defendant

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