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(영문) 울산지방법원 2016.11.17 2016고단3325
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On September 21:15, 2016, the Defendant driven a motor vehicle from Churba, and proceeded with the front road of the “E” located in Ulsan-gu, Ulsan-gu, with a speed of about 50km from the front funeral distance to the driving distance of the vehicle registration office.

At the time of night, it was difficult to view the front door door door, and around the night, there are many pedestrians who walk roads, such as a slot, gralet, bus platform, etc., and thus, a driver engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering and steering gear, and by properly operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so and did not discover the victim F (the age of 56) who was crossing the road from the left side of the Defendant’s running side to the right side, and received the front pent part of the said car.

Ultimately, around 03:40 on the 16th day of the same month, the Defendant caused the victim to die with cerebrovassis at the Incheon Shipping Daegu Shipping Co., Ltd. Hospital in 875 on the 16th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement;

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

1. Each photograph;

1. Registers of driver's licenses, chassiss, mandatory insurance, and verification sources for the fact of the purchase of comprehensive motor vehicle insurance;

1. A death certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] where there is a substantial negligence for the occurrence of traffic accidents or the expansion of damage to the victim (special mitigation) in the area where mitigation of traffic accidents (4-1 year) is mitigated (the special mitigation) (the decision of sentence] the result of the death of the victim due to the criminal act committed by the defendant is serious, and the victim is still the victim.

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