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(영문) 울산지방법원 2015.02.12 2014고단3569
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 one year 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 CFH car.

On August 9, 2014, the Defendant driving the said car around 09:20, and driving the said car along the speed of three lanes near the lower officer's lane located in the east-gun, west-gun, west-do, west-do, the west-do along the speed of 102.7km from the west-do to the west-do.

Since there is frequent appearance of village residents who gets a bicycle at ordinary times on a road that passes through the hyeong village, etc., there was a duty of care to prevent accidents in advance by driving a vehicle with an excessive driving, driving a ebbbbbbbbly and safely.

Nevertheless, the defendant neglected this and operated a bicycle speed of about 102.7km at a speed of 102.7km, neglected the duty of Jeonju, and found it late after the victim D (the age of 80) who was driven by the defendant on the front side of the horse, and caused the bicycle driven by the victim D to go beyond the ground due to the negligence that did not properly go through.

Ultimately, around August 9, 2014, around 22:37, the Defendant caused the death of a victim at a F Hospital located in the North Korean territory E in the foregoing occupational negligence, due to cerebral blood, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes notifying the results of comprehensive traffic accident analysis;

1. Relevant legal provisions concerning facts constituting an offense, 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,

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] mitigation area (4-10 months) [the person subject to special mitigation] [the decision of sentence] Defendant operated a vehicle exceeding 20 KK and caused the death of the victim.

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