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(영문) 울산지방법원 2014.05.27 2014고단551
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-wing cargo vehicle.

At around 00:10 on November 5, 2013, the Defendant driven the above cargo vehicle, leading the front of the Gangwon Steel road located in the Jingu in Ulsan-gu, Ulsan-do to the parallel of filial length from the upper radiation distance.

At the time, there is a night and a road in which the center line and the center line of yellow-ray are installed, so a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the duty of front-time and to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant was negligent in driving a stroke while driving the stroke, and was driven by the victim D (year 51) who was going beyond the center line installed on the left side of the running direction of the Defendant, and the front part of the etroke which was driven by the victim D (year 51).

In the end, the Defendant caused the victim's death by the above occupational negligence, resulting in the victim's flive death due to the flick cage at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. A traffic accident occurrence report;

1. A traffic accident report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and 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 of the community service order [the scope of recommendation] general traffic accident [the grounds for sentencing] Article 62-2 of the Social Service Order Act [the grounds for sentencing], the area of mitigation (4 to 10 months) (special mitigation] [the decision of sentence] of punishment [the defendant] and the defendant caused traffic accident due to the occupational negligence of driving at night and causing the death of the victim. Although it was caused by negligence, the nature of the crime is heavy in view of the victim's death and significant damage.

However, the defendant himself.

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