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(영문) 울산지방법원 2015.02.11 2014고단3985
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 driving of one ton cargo vehicle B.

On September 30, 2014, the Defendant, at around 10:50 on September 30, 2014, driven the above cargo vehicle and neglected the duty of the front line while neglecting the duty of the front line to the left-hand turn from the Cheongyang-gun, Ulsan-gun, Ulsan-gun to the Cheongyang-gun, the Defendant received the parts of the body part of the victim C (80 years old) crossing the road to the left-hand side from the Defendant’s course’s operational negligence.

As a result, the Defendant caused the victim's death by occupational negligence on October 10, 2014, which was being treated by the E Hospital located in Ulsan-gu, Ulsan-gu, U.S. D., resulting in the death of the victim due to the flachial and cerebral hemal hemosis.

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. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act - Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing) [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. caused by Traffic Accidents) (Article 4-10) (Special Mitigation) (Article 62(1) of the Criminal Act), the area of mitigation (Article 62(1) (Article 62(1) of the Criminal Act (Article 62(1) of the Act

Provided, That the punishment as ordered shall be determined in consideration of the fact that the victim has agreed with his/her bereaved family members, that the defendant has no other penalty power in addition to the fine twice, and that the defendant has divided wrong facts.

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