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(영문) 울산지방법원 2015.12.09 2015고단2489
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C tourist buses.

On September 25, 2015, the Defendant driven the above bus at around 05:47, and proceeded with the intersection of the distance south of the new Tri-dong in Ulsan-gu, Ulsan-do to the northwest of the new Tri-dong, from the boundary of the new Tri-dong, the Defendant, despite the left-hand turn-hand turn-hand signal, was due to the negligence of the front line in violation of the signal, and caused the victim D (year 76) who walked on the right-hand side of the said bus to the left-hand side of the said bus, and caused the victim to die due to the training fee due to damage to the cardiopulmonary function during treatment in the emergency room of the new Tri-dong, Ulsan-gu, Ulsan-gu, Seoul-do, and caused the death of the victim due to the shock of the training fee due to damage to the cardiopulmonary function.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the range of recommending punishment] mitigated area (4-10 months) of types 2 of general traffic accidents (the special mitigation person) [the sentence](the decision of sentence] causing death of the victim, and the circumstances leading to the death of the victim. The circumstances leading to the accident are sufficient for the victim walking along the crosswalk by violating the intersection signal, and the degree of negligence is not easy in that it is confirmed that the pedestrian signal is driving ahead of a distance equivalent to the above crosswalk and the signal is possible.

On the other hand, the confession of crimes and detention for a considerable period of time shows the misunderstanding, joining a mutual aid association, not wanting to punish the defendant by mutual consent with the victim's bereaved family members, and criminal punishment for traffic-related crimes for a period of not more than 40 years.

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