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(영문) 울산지방법원 2020.06.24 2020고단881
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 a B-hand vehicle.

On December 23, 2019, at around 09:40 on December 23, 2019, the Defendant moved to the right bypass of the Jin-gu Office of North Korea from the Jin-gu Office of North Korea to the Jin-gu Office of North Korea.

Since a crosswalk is installed in the direction of the intersection where signal lights are installed and the right-hand side, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brake system while driving the motor vehicle in line with the signals or pedestrians or bicycles, and driving the motor vehicle in line with the signals.

Nevertheless, the Defendant neglected to do so and did not check the right side of the vehicle and did not discover the victim D (80 years of age) who was going on a crosswalk pursuant to the Mail-ho, by negligence by bypassing the right side, and did not find out the victim D (80 years of age) who was driving on the crosswalk, and had the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim at a F Hospital located in Ulsan-dong, Ulsan-gu, U.S., U.S. on the 26th day of the same month due to the above occupational negligence by causing the victim to have a pressure on brain due to the climatic depression.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, such as a fact-finding survey report, an accident site photograph, a death certificate, a postmortem report, a photo of the deceased, a criminal investigation report (case guards, etc.), and photographs (based on No. 12);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of type] according to the sentencing guidelines, the general traffic accident [Type 2], the death of traffic accident (special person], the mitigated element of punishment (including serious efforts to recover damage): source of punishment (including the area of recommendation and the scope of recommendation];

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