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(영문) 울산지방법원 2017.01.06 2016고단4108
교통사고처리특례법위반(치사)
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2016, the Defendant driven a B car around 22:20 on September 20, 2016, and tried to drive the Ulsan-dong, Ulsan-dong, Ulsan-gu, Ulsan-do, at a speed of about 60 kilometers per hour from the distance of postal administration to the distance of household from the distance of postal administration.

Since the front door is an intersection where signal lights are installed, there was a duty to safely drive a motor vehicle in accordance with traffic signals to prevent accidents in advance.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded while changing the signal to yellow signal, the Defendant got a bicycle for driving the victim C(64 ) driving on the left from the right side of the Defendant’s running direction to the port.

In the end, the defendant's above occupational negligence caused the victim's death at the E hospital located in Ulsan-gu, Ulsan-gu, 23:55 on the same day due to mass transfusions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A death certificate;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines shall be recommended [the types of decisions] and the two types of general traffic accidents (the death of traffic accidents) [the person imposing special sentencing] mitigation factors: where victims are negligent due to considerable fault in the occurrence of traffic accidents or the expansion of damage (the scope of recommended punishment]; where pedestrians signal, etc. are red lights, the victim shall walk along the crosswalks); where the victim is not subject to punishment [the scope of recommended punishment] from 2 months to 1 year (the area of general mitigation] of imprisonment without labor; where comprehensive motor vehicle insurance is subscribed; serious reflects; aggravated factors without criminal punishment; where the victim falls under the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (whether suspended execution is suspended); where death or serious injury occurs; positive factors are positive.

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