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(영문) 울산지방법원 2014.03.17 2014고단161
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 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 construction machine Broman.

On December 11, 2013, the Defendant got off a dump truck to practice coal at the D workplace located in Ulsan-gu, Ulsan-gu, Seoul-do.

At the time, the driver had a duty of care to appoint assistant or to ensure safety by checking whether there is a vehicle or person driving by the defendant, with about 9.2m in length, about 3.2m in width, about 3.6m in height, and about 25m in weight.

Nevertheless, while neglecting this, the victim E (ma, 67 years old) who was on the part of the defendant's driver who was on board the bicycle was not found and was taken over as it was, the victim was divided into the lower part of the vehicle, and the victim was divided into the lower part of the vehicle at the F Hospital located in Ulsan-gu, Ulsan-gu around 13:51 of the same month, resulting in the death of the victim with a multiple long-term corrosion at the F Hospital located in Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the reasons for sentencing) of the Act on the Suspension of Execution (see, e.g., the decision of a sentence) of traffic accidents in general traffic accidents [the person who has a special sentencing] the factors for mitigation of traffic accidents: [including serious efforts to recover damage] [the decision of the recommended area] [the scope of the recommendation area] four months to ten months] [the scope of the mitigation area] [the general sentencing factors]: serious reflectness; there is no record of criminal punishment [the suspension of execution] - The main reasons for writing: The positive reason for writing is not positive punishment: The positive social relationship is clear, serious reflectness, there is no criminal sentence [the decision of a sentence] and the reasons for probation. In addition, the sentence is imposed as per the disposition after considering the sentencing factors and the reasons for probation.

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