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(영문) 울산지방법원 2012.12.27 2012고단2623
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 June 18, 2012, the Defendant driven a Cscarn dump truck on 11:45, and proceeded with a road of 1 lane near the entrance3-distance of the original village located in the Cheongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, in the direction of the 40km Sim-ri, the direction of the Cheongcheon-gun Cheongcheon-gun Cheongcheon-gun Cheongcheon-gun Cheong-do Cheong-do.

Since there is an intersection and a place where the center line of yellow solid lines is installed, there was a duty of care to safely operate the vehicle to the person engaged in driving service.

Nevertheless, the Defendant neglected this and proceeded ahead of it to the left by the negligence of passing it to the left by the dump truck and passing it to the left at the entrance of the original village while driving the victim D(79 years of age) with the right turn to the left. The Defendant taken the left hand part of the dump truck as the main tank to the right side of the said dump truck.

Ultimately, on June 22, 2012, the Defendant caused the death of the victim due to the above occupational negligence, such as the pulmonary blood transfusion at the F Hospital in Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a actual survey report, and a death diagnosis report;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

1. Article 62 (1) of the Criminal Act (Consideration into agreement with bereaved family members of the victim);

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