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(영문) 울산지방법원 2016.05.26 2016고단405
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a line-based driver.

On November 28, 2015, around 10:10, the Defendant continued to proceed from the Dogg to the national highways of about 30 km from the Dog to the 35 km.

Since there is an intersection that is not supported by traffic control, there was a duty of care to check whether a person engaged in driving service has a vehicle, etc. entering the intersection first by reducing the speed or temporarily stopping it, and to drive it.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by taking the front side of the chiller driving by the victim C (80) who was driving from the right side of the front apartment on the left side of the front side to the new market. The Defendant had the victim go beyond the floor due to its shock.

On December 2, 2015, the injured party suffered from the injury of the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral le, etc., and died after being receiving medical treatment at the Busan National University Hospital, Busan National University Hospital.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and the inspection report;

1. A death certificate;

1. Application of Acts and subordinate statutes to on-site photographs and motion pictures;

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

1. Selection of imprisonment without prison labor (Consideration of the death of a victim, etc.);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., the primary offender, the fact that the defendant has agreed with his/her bereaved family members) of the Act on the Suspension of Execution [the scope of recommended punishment] The area of mitigation (i.e., the type of traffic accident from April to October) (i.e., the area of mitigation) (i., the area of special mitigation) [including efforts that have been seriously made to recover the damage] penal non-exclusive penalty (including

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