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(영문) 울산지방법원 2017.09.14 2017고단2518
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 who is engaged in driving of 25 tons of cargo vehicles E.

On February 21, 2017, the Defendant driven the above cargo vehicle at around 06:40, and driven the front road of the “Scong River Public Security Center”, which is on the shock in Yangsan City, along the “FT” page from the “FT” room, was under way one way among the two-lane roads.

At the same time, the victim F(73) driving Gcodi 49C dcodi dcodi, and in such a case, the driver of the vehicle had a duty of care to operate the steering gear and brakes accurately so as to keep the safety distance from the front and the front and the front, so that the driver of the vehicle can play the duty of care in safety by accurately operating the steering gear and brakes so as to maintain the safety distance from the Ortoa.

Nevertheless, the Defendant neglected to do so and went through as it is, instead of neglecting it, went over the back part of the above Otoba with the front part of the above cargo vehicle and went over the Otoba, and the damaged person going over on the road along with Otoba, was assigned to the front part of the right side of the cargo vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence, i.e., damage from the seat, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommended punishment] Article 62(1) of the Criminal Act on the grounds of the sentence [the scope of recommended punishment] Article 62(2) of the Act on the Suspension of Execution and Punishment of Traffic Accidents (the person who has been specially mitigated) [the person who has been unable to punish] Article 62(1) [the person who has been not punished [the person who has been specially mitigated] [the sentence] [the person who has been sentenced] is a driver of a large cargo vehicle and who is in need of special attention for the defendant

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