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(영문) 울산지방법원 2016.07.07 2016고단1261
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a rocketing car.

On April 6, 2016, the Defendant driven the said car at the front Sc-distance Intersection of F in Yangsan City, E on April 2016, and proceed to turn to the left at the same hh-side in Ulsan. On the part of the victim G (36 years old) driving, who was a direct driving in accordance with the new subparagraph, due to the failure to turn to the left at the front of the said car at the front right side of the said car, caused the death of the said victim due to the damage to the two parts at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to dead bodies;

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. The reasons for sentencing under Article 62(1)(i) of the Act on the Suspension of Execution of the Punishment of the Criminal Act that resulted in the occurrence of the result of the victim's death caused by gross negligence that the defendant who made a left- or left-hand turn in violation of the signal, and thus, the matter is not easy: Provided, That the defendant is the first offender; the defendant is the victim's bereaved family member; the victim's bereaved family member is the first offender; the victim's family member has agreed with the victim; and

Consideration of all the sentencing conditions, such as the changes in the sentencing conditions.

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