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(영문) 울산지방법원 2013.11.22 2013고단3357
교통사고처리특례법위반
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Grandroth vehicle B.

On September 3, 2013, at around 13:40, the Defendant proceeded at a speed of 40km each hour at a speed of 40km, depending on the two-lanes of speed, with the road front of the convenience point of 25:0 in the GS 25:0 of the Ulsan Central-gu Multi-gu Multi-dong Dial Campaign, in the direction of the multi-sports security center.

Since the defendant changed a lane to the left side, there was a duty of care to prevent accidents by notifying the change of the course to the hand or direction in advance from a later 30-meter radius from the later 30-meter radius to the left side, and allowing the left side to view the future well and safely change the course.

Nevertheless, the defendant caused a sudden change of the lane without examining the left side of the victim C and D, CB400 SF Roon of the victim C and CB400, the right hand part of the victim's right part, the right part of the victim's right part, and the right part of the victim's right part after the left part of the vehicle, and led the victim's head in the direction of the opposite line, and led the victim's head in the direction of the opposite line, and led the victim's head to the left side part of the E driver's modern 5 tons of the E driver's e driver's e driver's e driver's e driver's e driver's e driver's e driver's fat of the opposite line.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the severe brain injury in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the victim does not want punishment under an agreement with the bereaved family member and the fact that the defendant is in depth);

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