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(영문) 울산지방법원 2016.08.02 2016고단1848
교통사고처리특례법위반
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant driven C Trucks around 13:00, and turn to the left at a speed of about 20 km away from the entrance of the lux apartment, the front side of the lux apartment in Ulsan-gun, Ulsan-gun, the Ulsan-gun, to turn to the left at a speed of about 10 km.

At all times, on-and-off signals are operated and there is no separate traffic control.

Accordingly, the defendant who drives a motor vehicle must check whether there are vehicles, pedestrians, etc. crossing the motor vehicle and drive the motor vehicle safely by driving the right before and after, operating the steering gear accurately, reducing or temporarily stopping the speed.

Nevertheless, the Defendant neglected this and proceeded as is, while crossing the road to the port from the right side of the Defendant’s proceeding, shocked the victim D (W, 91) who crosses the road to the right side of the road into the front one of the automobiles.

On April 26, 2016, the victim was killed due to the defendant's occupational negligence in the F Care Hospital located in Ulsan-gu E at around 13:45 on April 26, 2016 due to pulmonary difficulty due to the blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines recommended [the types of decisions on the types of general traffic accidents] No. 2 (the death of traffic accidents) (the person with special sentencing): Where the victim has been negligent due to the occurrence of traffic accidents or the expansion of damage (the unauthorized crossing of the intersection without permission), and where the victim is not punished (the scope of recommended punishment with the victim), [the scope of recommended punishment] two months to one year (the area of special mitigation] of imprisonment without labor: whether the comprehensive motor vehicle insurance is subscribed, serious reflects, and there is no record of criminal punishment [whether suspended sentence is suspended] - The major positive factors are punished against the victim if the victim was negligent in the occurrence of traffic accidents or the expansion of damage.

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