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(영문) 울산지방법원 2015.12.24 2015고단2978
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 the B TXG car.

On July 8, 2015, around 05:05, the Defendant proceeded at a speed of 30 km in the direction of the new Fuar apartment in the direction of the hybrid apartment in the direction of 30 km.

At the time of the passage of the brupt by a new wall, the driver has a duty of care to accurately operate the steering direction, brakes, and other devices of the vehicle, and to not drive the vehicle at such a speed or in such a manner as to cause danger and harm to others according to the traffic situation of the road and the structure and performance of the vehicle.

Nevertheless, the defendant neglected this and got the body side of the victim E (age 94) to the left side of the road from the right side of the proceeding direction to the left side by the negligence of the defendant's neglect.

Ultimately, the Defendant caused the victim to die at least 14:40 of the same day during the follow-up treatment to the Ulsan National University Hospital by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. The actual condition survey report;

1. A death certificate;

1. Application of each statute on photographs;

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, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the reason for sentencing under Article 62(1) of the Criminal Act in general traffic accidents in the following cases: (a) in the area of special mitigation (two to ten months) (special mitigation) (including special mitigation) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage; (b) the result of a decision not to punish (including a serious effort to recover damage); (c) the result of a traffic accident is serious; (d) the fault of the victim crossinging the road without permission is also the reason for the occurrence of the instant traffic accident.

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