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(영문) 울산지방법원 2016.11.18 2016고단2675
교통사고처리특례법위반(치상)
Text

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

However, the execution of the above punishment shall be suspended for 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 DNA freight truck.

At around 14:20 on May 21, 2016, the Defendant continued to proceed at a sloping speed in front of the entrance of the parking lot for the F Care Hospital in Ulsan-gu E.

At the time, the entrance of a hospital that has a day-time and its front wheelchairs, where the passage of pedestrians and wheelchairss is frequent, and in such cases, there was a duty of care to prevent accidents in advance by checking the front and rear left well by a person engaged in driving service, and safely driving a motor vehicle on the part of a person who is engaged in driving service.

Nevertheless, the Defendant neglected this and had the victim G (the 50-year old) loaded the wheelchairs at the entrance of the above parking lot, and had the victim go beyond the floor, and caused the victim to face head on the ground.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim at the International Hospital Central Hospital in Ulsan-gu H around 15:40 on September 27, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a actual condition survey report, and on-site photographs;

1. Each written diagnosis and statement of intention;

1. Application of Acts and subordinate statutes to investigation reports (report on the state of victim, etc. and death diagnosis reports);

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, and Article 268 of the Criminal Act.

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the insurance is covered by a comprehensive insurance, the fact that the insurance is smoothly agreed with the bereaved family members of the victim, the fact that the insurance is reflected therein, the degree of

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