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(영문) 울산지방법원 2019.01.11 2018고단2895
교통사고처리특례법위반(치사)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On June 18, 2018, the Defendant driving the above vehicle at around 22:04, and driving the vehicle at around 50 km, one way ahead of the “D” located in Ulsan Northern-gu C, Ulsan-gu, along with one way from the sperm to the south.

At the time, a crosswalk is installed at the front of the driving direction of the vehicle, and in such a case, the driver of the vehicle had a duty of care to take into account the pedestrian walking condition of the pedestrian walking along the crosswalk and drive the vehicle safely by accurately operating the front door and the left door and the right door in the vehicle.

Nevertheless, the Defendant neglected this and neglected the duty of care to pedestrians walking the above crosswalk, and due to the negligence in progress, the Defendant got the victim E (the age of 84) who walking the above crosswalk from the left side of the direction of the vehicle driving to the right part of the front part of the above vehicle.

Ultimately, the Defendant caused the death of a victim by occupational negligence immediately on the job due to cerebral cerebrovascular death.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (Evidence Nos. 22);

1. An analysis of traffic accidents;

1. A corpse of corpse;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the ground of sentencing in Article 62-2 of the Criminal Act is shocked by the defendant's negligence of driving a vehicle in violation of the duty of pedestrian protection in the crosswalk at night without discovering the victim who dried the crosswalk at the front section of the vehicle.

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