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(영문) 울산지방법원 2019.06.14 2019고단331
교통사고처리특례법위반(치사)
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 engaged in driving a driver's vehicle B-fashion.

On November 15, 2018, the Defendant, at the Dong-gu, Ulsan-gu, U.S., about 15:03, proceeded in the front of the Fdong parking lot from D apartment E at the speed of about 15 km.

Since there are lots of apartment parking lots where pedestrians such as children frequently frequent, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by thoroughly performing the duty of care on the front side.

Nevertheless, the Defendant neglected the above duty of care and got the victim G (10 years of age) who was fluent and fluent in the front side of the vehicle of the Defendant at the front side of the vehicle of the Defendant, and continued to proceed as the front side of the vehicle of the Defendant, while the Defendant was fluent with the victim's head head as the front side of the vehicle of the Defendant driving.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the I Hospital located in Ulsan-gu, Ulsan-gu, U.S. on the same day at around 16:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Each investigation report (the number of evidence lists Nos. 15, 17, 21, 31, 33);

1. A death certificate;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 7, 8, 19, 20, 32, 34)

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, and Article 268 of the Criminal Act.

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines and the scope of recommendation [the range of recommendation fields and the scope of recommendation types] shall be the general traffic accident [the type 2] the causes of traffic accidents [the special person] and the factors of mitigation of punishment (including the serious efforts to recover the damage].

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