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(영문) 울산지방법원 2016.02.18 2015고단3367
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant: (a) was a person engaged in driving a car in B, and (b) was directed towards the third distance of the Economic Promotion Institute in Ulsan-gu, Ulsan-gu, U.S., U.S. on October 30, 2015 to the upper distance of filial length.

At this point, the signal apparatus has been installed on the front door, and the speed of restriction is 80 km per hour, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by complying with the speed and speed of restriction and driving the vehicle by checking well the right and the left and right of the vehicle.

Nevertheless, the Defendant neglected to temporarily stop in yellow signals without temporarily suspending the speed exceeding 31 km per hour, and due to negligence in which the speed exceeds the speed of 31 km per hour, and received the part on the right side of the victim C(53 ) driving, which was left left at the direction of the Defendant’s proceeding, from the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence, such as double alleys at the same place around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in E, F, G, and H;

1. A traffic accident report, a report on the occurrence of a traffic accident, a survey report on the actual condition, on-site photographs, and caps of black stuffs images;

1. The driver's license ledger and the driver's license ledger;

1. A corpse death certificate, and a written record of autopsy and a photograph of the corpse;

1. A traffic accident analysis report;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area of Article 62(1) of the Act on the Suspension of Execution (the scope of recommendation] of the Act on the Punishment of Traffic Accidents (the person subject to special mitigation) [the person subject to special mitigation] of the mitigated area (the person subject to punishment from April to October] of the mitigated area (the person subject to special mitigation] of the punishment is passing through the intersection by the speed of yellow signals, causing traffic accidents, causing the victim's death, and thus the victim's death is uncompared, and there is no criminal history.

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