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(영문) 울산지방법원 2016.07.27 2016고단1584
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On May 8, 2016, the Defendant driven the above car at around 12:50, and proceeded along the intersection of the modern distance in the south-gu of Ulsan-gu, Ulsan-gu along the three-lanes between the two-lanes in the width of the industrial tower and the two-lanes in the width of the street.

At the same time, the road crossing is installed in front of the community service center where people's passage is frequent, and even if the pedestrian signal at the time was red, the victim C is crossing the above pedestrian crossing, and the vehicle driving the two-lane and the three-lanes in order to avoid the shock with the victim. Therefore, a person engaged in driving a motor vehicle has a duty of care to reduce speed and prevent the accident by driving the two-lane and the three-lanes in preparation for the shock with the pedestrian who may not be harsh.

Nevertheless, while the Defendant continued straight without properly examining the progress of vehicles in two lanes and three lanes, and the traffic conditions of pedestrians, etc., the Defendant did not discover the victim who was crossing the crosswalk in violation of pedestrian signal, and shocked the victim with the right side of the said vehicle, and led the victim to the cerebral cerebral cerebral cerebral typosis in the E hospital located in Ulsannam-gu D around May 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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. 집행유예 형법 제 62조 제 1 항( 초범인 점, 횡단보도를 무단 횡단하던 피해자에게도 상당한 과실이 인정되는 점, 피해자 유족과 합의한 점 등 기록과 변론에 나타난 여러 정상 참작) 양형기준 : 금고 2월 ~ 10월 ☞...

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