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(영문) 울산지방법원 2015.06.11 2015고단543
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 of a landing season B.

Around 17:20 on December 30, 2014, the Defendant driven the above digging machine and proceeded along the road near the Yangsan-dong Library in Yangsan-si along a one-lane distance from the side of the Yangsan-do Library.

However, there was a duty of care to check whether there is a person walking on the front left by checking well as whether there is a person walking on the front left left, because there is one lane and a number of vehicles already parked.

However, the defendant neglected this and did not discover the victim C (the age of 47) who was coming to the right side of the proceeding direction, and had the victim shocked with the right side part of the above scambling machines due to the negligence that was going to the right side of the course, and followed the victim with the right wheels.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, immediately after the accident, due to the diversity of breast at the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, a written check on death, a written check on autopsy, and a response to each request for appraisal;

1. Application of each statute on photographs;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order of Community Service and Order to Attend Education [the scope of recommendations] General traffic accident [the area of mitigation [the person who has been specially mitigated] [including efforts to recover from damage] [the decision of sentence] the defendant is driving softeners other than ordinary vehicles and driving one lane sufficiently anticipated for pedestrians' passage, and the defendant seems to have already started at the time of time and seasonally, so it seems that it had been negligent in neglecting the operation by taking into account well the front left.

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