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(영문) 울산지방법원 2016.02.17 2015고단2759
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

On May 20, 2015, the Defendant, who is engaged in driving D Poter Cargo Vehicles, driven the above cargo vehicles around 08:40 on May 20, 2015, and proceeded at approximately 55 km each hour at the speed towards the non-driving side of the Seodaemun-gu Seoul Special Metropolitan City.

Since there was an intersection without signal, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as reducing speed, keeping the front side and the right and the right, properly operating the steering and steering system.

Nevertheless, the defendant neglected this and found the victim E (11)'s bicycle going on the left side from the right side of the running direction of the defendant, and received the left side part of the victim's bicycle from the front side of the defendant's bicycle.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence at G hospitals located in Ulsan-gu F, Ulsan-gu, where the Defendant was under treatment for transmission at around 09:07 on May 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to H, I, J, and K;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to requests for analysis of traffic accidents by the Road Traffic Authority, such as corpse death certificates, written opinions, photographs1, and replys to requests;

1. The fact that there is no person who is subject to special sentencing [the sentence] in the basic area ( August to one year and six months] (the decision of sentence] under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and the reason for sentencing of imprisonment without prison labor [the scope of recommendation] (the person who is subject to special sentencing] [the decision of sentence] is against the defendant when committing a crime, the first crime is committed, the truck of the defendant is covered by the comprehensive motor vehicle insurance, the victim's family members deposit a total amount of KRW 30 million with the defendant.

The defendant is in a brupt manner with a point of about two months prior to the date of the occurrence of the case.

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