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(영문) 울산지방법원 2013.04.25 2012고단2558
교통사고처리특례법위반
Text

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

except that 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

At around 20:40 on June 25, 2012, the Defendant neglected his duty of care to operate a road in front of the dominium in the front of the Defendant’s vehicle, and caused the death of the victim D (e.g., the left side of the Defendant’s vehicle) who opened the road from the vehicle to the right side of the Defendant’s vehicle immediately due to multi-sex damage, etc., in the event that the Defendant neglected his duty of care to operate the road in front of the dominium in front of the dominium, from the right side of the road, to the right side of the road.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police fact-finding survey report and comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Sentencing sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “Suspension of Execution”) is based on the results of the instant crime and did not reach an agreement with the victim. However, the sentence shall be determined as ordered in consideration of the following factors: (a) the victim was under crossing without permission; (b) the victim was enrolled in the mutual aid association; (c) the defendant was aged and has no same criminal record for the last thirty years; and (d) the sentencing guidelines for traffic crimes are applied

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