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(영문) 울산지방법원 2013.09.05 2013고단2521
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

The defendant is a person who is engaged in driving a CM3 car.

On May 11, 2013, the Defendant driving the above vehicle around 03:00, and driving two-lanes of the Maluminous Center Construction No. 35 national highways on the upper west of the Yangsan City, Yangsan City, the two-lanes of the national highways No. 35 in the Yando was driven at the speed of about 70 km from the lower Myeon to the inner bank in Yangsan City.

At the time, it is a national highway that is at night and is authorized in the surrounding areas, so in such cases, the defendant engaged in driving service has the duty of care to reduce speed and to stop the accident in advance by living well on the right and the right and the right.

Nevertheless, the Defendant neglected this and proceeded with the front bank without care, and did not discover the victim D (Nam, 52 years old) who was crossing the national highway, and did not remove the part of the victim's left side bridge from the fronter and front glass of the said vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as a cage cage cage fage, a chest cage, and a chest crym damage at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. It shall be decided as per the disposition of the suspension of execution on the grounds of not less than Article 62 (1) of the Criminal Act (including the absence of any record of suspension of qualification or more, the agreement with the victim, and the concurrent negligence of the victim without permission);

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