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(영문) 울산지방법원 2014.02.14 2013고단4067
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a Bchip car.

On November 1, 2013, the Defendant driven the above car at around 20:12, and led the Defendant to drive the above car at the boundary of Ulsan Airport from the boundary of the racing to the boundary of the Ulsan Airport, depending on the four-lane road of the 4-lane in the Chang-dong in Ulsan-gu, Ulsan-gu.

At the time, since it is at night, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle by reducing speed and by checking well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to care and neglected to walk to the port from the right side of the road due to negligence, and did not find out the victim C (here, 82 years of age) and received the victim in front of the vehicle.

As a result, the defendant had caused the death of the victim in the E Hospital located in Ulsan-gu D, Ulsan-gu at around 20:30 on the same day due to the cardiopulmonary suspension of the victim due to the diversification of diversified aggregate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report and photographs;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The range of recommendation and sentence on the sentencing criteria, and the area of special mitigation for types of traffic accidents resulting from the category of traffic crimes (where there is substantial negligence on the injured party, he/she shall not be punished): two months or more from the imprisonment without prison labor for

2. The defendant's negligence in the decision of sentencing resulting in the death of the victim and the result of the decision is the sentencing factors disadvantageous to the defendant.

The fact that the defendant committed a crime and misunderstanding is divided in depth, that is the primary offender, that there is considerable negligence in the occurrence of a traffic accident or the expansion of damage, and that the victim's bereaved family is the victim.

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