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(영문) 울산지방법원 2016.07.21 2016고단1416
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 motor vehicle with low bid.

On April 24, 2016, the Defendant driven the above car on April 15, 2015:35, and driven the F station in Ulsan-gun E, Ulsan-do, along the five-lane road from the right side to the right side of the road, changed the lane into a two-lane in order to turn to the left.

A person engaged in driving a motor vehicle has a duty of care to operate a direction direction when changing the vehicle line and give prior notice of a change of course and to change the lane in the future and the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and did not look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Ultimately, the Defendant caused the victim to die due to the above occupational negligence due to the injury to the two parts and the two parts caused by the joints of the two parts in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of field photographs and black stuffs video-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1)(i) of the Criminal Act on the suspension of execution has resulted in the occurrence of a consequence of the victim’s death caused by the Defendant’s negligence, and the occurrence of an accident caused by the abnormal change of the vehicle running across two lanes without using the direction signal, etc., and the degree of negligence is light.

Although it is difficult to view an accident, there was a gross negligence, such as a violation of signal and a drinking driving, etc. in relation to an accident.

The fact that it is difficult to see, that the victim's bereaved family members and the bereaved family members have agreed smoothly, and that there is no record of crime other than the drinking driver's prior to drinking in 2013.

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