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(영문) 울산지방법원 2017.06.08 2016고단4509
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three 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 the D-brack trucks.

On November 13, 2016, the Defendant driven the above cargo vehicle at around 21:30, and made a turn to the left one-lane in accordance with the direction of the apartment at the front of the e-mail-dong, Ulsan-dong, Ulsan-gu, U.S. A. M. C. S. S. S. S. S. S. S. S. S. 2-line road in front of the apartment apartment.

At all times, the defendant, who intends to make a left-hand turn at the private-distance intersection where a yellow on-and-off signal is installed, has a duty of care to see whether there is a vehicle straight from the opposite lane, and to prevent the shock with the straight-on vehicle in advance by yielding the course to the straight-on vehicle.

Nevertheless, the Defendant caused the death of the victim due to brain damage, etc. in which the victim E (32 years old) who was working in the front of the above cargo vehicle at the e-mail from the e-mail off to the air room of the e-dong community service center, who was working in the front of the said cargo vehicle due to the negligence in the duties, which did not properly examine whether there is a vehicle in the opposite lane, and did not yield the course to the directly moving vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] There is no basic area (8 to 2 years) of the two types of traffic accidents (the death of traffic accidents) [the person subject to special sentencing] [the decision of sentence] [the decision of sentence] the defendant's negligence of neglecting the traffic method and safety obligation at the intersection and the 32-year young victim's death resulting from a serious result.

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