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(영문) 울산지방법원 2015.06.04 2015고단455
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of taxi B.

On January 25, 2015, the Defendant, at around 03:57, proceeded at a speed of about 80 km/h of speed, toward the two lanes in front of a slotas, from the upper radiation distance, towards the direction of the filial length.

At the time, there are large-scale discount stores in night and nearby areas, and in such cases, there was a duty of care to prevent accidents by accurately manipulating the steering gear, brake system, etc. of the driver and to prevent the driver from occurring.

Nevertheless, the Defendant, while neglecting his/her duty of care, found the victim C (the age of 48) who crosses the road to port from the right side of the road due to his/her negligence, and knee and the head side of the knee and the head side of the knee in front of the cab, had the victim go beyond the road by shocking the victim's kne and the front glass part of the kne.

In the end, the Defendant caused the death of the victim due to the above occupational negligence in the accident scene by immediately getting the victim to die due to the ambacy, the ambathy, the ambathy

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement on the occurrence of D traffic accidents;

1. Investigation report (with regard to circumstances involving the accident); and

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type II (Death resulting from Traffic Accidents) (Article 4-10) (Special Mitigation) (Article 62(1) of the Criminal Act), the area of mitigation (Article 62(2) of the Act on the Suspension of Execution (Article 62

Although the degree of violation of the duty of care is not less severe, it is against the mistake, and it is only against the victim's bereaved family members and the bereaved family members.

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