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(영문) 울산지방법원 2016.08.10 2016고단1639
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 C M& car.

On January 18, 2016, the Defendant driven the above car at around 18:13, and proceeded with approximately 60km each hour according to the two-lane of the above road, from the boundary of the mountain Corporation, which has two lanes in front of the Klsan-gun's Cheongsan-gun, Ulsan-gun, Ulsan-do, Glsan-do.

At this point, there is a place for ordinary pedestrians, such as the entrance of a laco village with a crosswalk, so there was a duty of care to look at whether there is a person who is engaged in driving of a motor vehicle, and to accurately operate the steering gear and the brakes and to safely proceed with it.

Nevertheless, the defendant neglected this and found the victim D, who was moving to the right side from the left side of the defendant's moving direction, delayed, followed by the front side of the above vehicle's left side, and caused the above victim to go beyond about 16 meters.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the injury to the scarcity.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A comprehensive traffic accident analysis report and death certificate;

1. Application of each statute on photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Criminal Act provides that the defendant had no record of the same kind of power and no record of the suspension of execution, and had difficulty around the time of the suspension of execution.

At the time of the instant accident, the Defendant was shocking the victim who was under normal operation at a speed of 63 km per hour in accordance with the U.S. good faith at the time of the instant accident (Evidence No. 106 pages), and was covered by a comprehensive insurance policy (Evidence No. 106 pages), taking into account the various circumstances shown in the records and arguments, such as agreement with the victim

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