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(영문) 울산지방법원 2014.04.10 2013고단4003
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 e-cub vehicle B.

On November 1, 2013, the Defendant driven the above vehicle on November 18, 2018, while driving the crosswalk in front of the three-dimensional distance to the school south of Ulsan-gun, Ulsan-do, U.S., the Defendant, by his occupational negligence, caused the part of the victim C (n, 60 years old) left left-hand side of the crosswalk in accordance with the signals of pedestrians in the left-hand side from the direction-hand side of the Defendant’s course by violating the signals, and caused the damages to the front-way glass of the Defendant’s driving.

Ultimately, the Defendant caused damage to the left-hand chest by occupational negligence as above and caused the death of the victim by low-blood shock around November 1, 2013 while moving to an E hospital located in Ulsan-gu D, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the actual condition survey report, field photographs, and body autopsy report;

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 reason for sentencing in the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act on probation and lecture attendance order is the case of death caused by shocking the victim who was a crosswalk, and thus, a sentence of imprisonment without prison labor is heavy.

However, the execution of a sentence shall be suspended by taking into account the fact that the bereaved family members do not want the punishment, and that there is no previous conviction in addition to the fine, etc., in light of the circumstances of the accident, as the risk of recidivism exists in light of the situation of the accident, the probation order and the order to attend the compliance driving lecture for a certain period of time shall be determined

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