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(영문) 울산지방법원 2014.07.17 2014고단939
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving of B Poter Cargo Vehicles.

On June 16, 201, the Defendant driven the above cargo vehicle around 11:20, the Defendant continued two lanes in parallel with the scambling at the point in which the scambling and the scambling are combined with the scambing at the 1077 Scambri-ri-ri, Scambri-ri, Scambing at the scambin.

Since there is a road that combines the two roads, there was a duty of care to prevent accidents in advance by proceeding well with the movement of other vehicles that reduce the speed and combine the two.

Nevertheless, the defendant neglected this and failed to discover the bicycle for the victim C (n, 61 years old) driving on the above road, and caused the victim to be over 5 meters off the right side side of the bicycle driven by the defendant due to the negligence of driving without lowering speed.

Ultimately, at around 11:35 of the same day, the Defendant caused the death of the victim due to a chest damage at the above place due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation into actual condition survey reports, photographs related to accidents, and requests for investigation into traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

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;

1. The sentencing guidelines [the range of recommendations] for the sentencing of Article 62-2(1) of the Criminal Act of the Order to Attend a lecture under Article 62-2(1) of the Criminal Act refers to the case where the victim dies when the victim has been sentenced to mitigation area (4 to 10 months) (including specially mitigated persons), a decision not to punish the victim (including serious efforts to recover damage), and the result of the crime is very serious. However, the bereaved family members agree with the bereaved family members.

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