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(영문) 울산지방법원 2015.06.18 2014고단4050
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 C25 tons of early stable trucks.

On September 2, 2014, the Defendant driven the above truck on September 18:5, 2014, and proceeded at a speed of about 48 km each hour at a speed of 48 km from the boundary of the Ulsan Expressway, which is about 3-lanes in front of the new-style road which is located in the Southern-gu, Ulsan-do.

Since there are crosswalks and bus stops around the front door, the driver of the motor vehicle has a duty of care to check whether there is any person who gets on the way to reduce the speed and to check well the front door, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not find out the victim D (the 35 years old) who illegally crossed from the right side of the Defendant's proceeding to the left side, due to the negligence that did not sufficiently reduce the speed, and did not properly look at the surrounding area, and did not discover the victim D (the 35 years old) who was unclaimed on the left side of the above truck, and caused the victim to go back to the ground, the victim's chest part before the left side of the above truck, and followed the victim's parts with the front wheels.

Accordingly, the Defendant caused the victim's death by his occupational negligence at a high level due to damage to his body at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each traffic accident occurrence report;

1. A survey report on actual condition and photographs of each field;

1. A comprehensive traffic accident analysis report, drilling (a report, a log recording paper on the skin of the vehicle under investigation, a output copy of the Enforcement Decree of the Road Traffic Act, a speed difference by section in accordance with the recording of the tycomera of the vehicle under investigation, meteorological observation data on the day of the accident, and on-site photographs);

1. Application of Acts and subordinate statutes concerning autopsys;

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 (the scope of recommending punishment) of the suspended execution are general traffic accidents.

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