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(영문) 울산지방법원 2020.07.31 2020고단1342
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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, who is engaged in driving a dump truck, was driving the dump truck on January 6, 2020, and was driving the dump truck on January 6, 2020, and led the dump truck to the direction C in the direction of the gump distance from the direction of the gump.

Since there are crosswalks where signal lights are installed adjacent to the right side of the road, there was a duty of care to check whether a person engaged in driving service has a right side by reducing speed and checking well the right and the right side of the road, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected the right side of the victim D (the age of 51) who crossed the crosswalk in accordance with normal signals due to the negligence of bypassing it, and received the upper half of the left side of the said truck.

In the end, the Defendant caused the death of the victim due to the low blood shock in the workplace by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of a traffic accident, report on the scene of the accident, photograph of the scene of the accident, photographic image of the vehicles of the accident, CCTV images for crime prevention, investigation report (victim's occupation and on the day), and application of statutes of the body inspection report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage): Reduction area and recommendation area], reduction area (including the recommendation area and recommendation area), and April through one year;

3. Determination of sentence: Pedestrians, such as credit cooperatives, six months of imprisonment without prison labor, and two-year trucks, etc.;

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