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(영문) 울산지방법원 2019.07.24 2019고단1372
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 of B Poter cargo vehicles.

On January 30, 2019, the Defendant driven the above cargo vehicle and proceeded at the speed of about 46 km in the city of Ulsan-gun, Ulsan-gun, U.S., the Defendant: (a) was negligent in the course of business, not showing the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are not operated. The Defendant got the victim E

Ultimately, at around 13:33 of the same day, the Defendant caused the death of the victim due to the damage to the left-hand side of the G Hospital located in Ulsan-gu, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. A corpse of corpse;

1. A screen with a report on internal history, CCTV verification, and CCTV closure;

1. Application of Acts and subordinate statutes to investigation reports (related to the results of field surveys by the Road Traffic Authority), replies to requests for traffic accident analysis, and speed analysis reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. The defendant who was sentenced to punishment of this case led to the confession of the crime of this case and is divided, the defendant was the first offender, the defendant was partially negligent for the victim, and the defendant was the victim.

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