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(영문) 울산지방법원 2016.10.11 2016고단2862
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

At around 16:20 on June 25, 2016, the Defendant driven a B Poter truck and made the front road of the D Hospital located in Ulsan-gun, Ulsan-gun to turn to the left at a speed of about 20 km from the direction of virtue-ri to the left at a speed of about 20 km.

There are three-distance crossings where no signal is installed, and there are vehicles driving along the opposite line, so there was a duty of care to thoroughly stop the opposite vehicle before left the left and then safely proceed after checking the opposite vehicle.

Nevertheless, the Defendant neglected this and got the victim over the ground floor without finding out the FS7 amba driven by the victim E (the age of 57) who was f.e., f., driven by the victim E (the age of 57) who was f.e., f., left left-hand at the center line.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at a hospital located in Ulsan-gun C, Ulsan-gun, at around 17:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Reports on the occurrence of traffic death accidents;

1. Each photograph;

1. Registers of driver's licenses, chassiss, mandatory insurance inquiries, and insurance policy-certified personnel;

1. A written result of autopsy;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the Road Traffic Authority;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents) (Special Mitigation) [Special Mitigation] and the area of mitigation (4-1 year] (including efforts to recover from traffic accidents] [decision of sentence] the bereaved family members of the victim do not want the punishment of the defendant, and the defendant is subject to a four-time fine.

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