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(영문) 울산지방법원 2013.11.21 2013고단2955
교통사고처리특례법위반
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

At around 20:55 on June 5, 2013, the Defendant is a person engaged in driving Bschton vehicles, and, at the speed of about 70 km at the speed of the speed of about 70 km in operating a valley tunnel located in the upper northwest-si in Yangsan-si, by driving the said vehicle, the Defendant did not properly look at the front line and the front line in the operation of a valley tunnel located in the upper northwest-si at a speed of about 50 km, but did not accurately operate the steering direction and operation system, and caused the death of the said victim by harming the central line due to the occupational negligence of the victim C (Seoul, South, 34 years old) (the victim), who was directly under the central line, due to the failure to accurately operate the steering direction and operation, caused the death of the said victim by shocking the front part of the driving vehicle to the front part of the driving vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report on the actual condition of the police and photographs of the accident site;

1. Application of Acts and subordinate statutes concerning autopsys;

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. The sentence of imprisonment without prison labor is to be chosen as a case of death due to the median of the central line in the tunnel for sentencing reasons under the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act.

However, considering the fact that the bereaved family members and the bereaved family members do not want the punishment for the bereaved family members, and the fact that the community service activities have continued for a considerable period of time, the execution shall be suspended, but the risk of re-offending in light of the circumstances of accidents, such as the central line intrusion, etc., the probation of a certain period of time and the order to attend the compliance driving lecture shall be determined as ordered.

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