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(영문) 울산지방법원 2017.04.13 2017고단54
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence shall be suspended for a period of 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 low-priced car.

around 04:00 on October 11, 2016, the Defendant driven the above car and proceeded with the national highway No. 7 in front of the Jinju-gun, Ulsan-gun, which is located in 269, at the Ginsan-gun, at a speed of about 80 kilometers per hour from the Yangsan-do.

At the time, it is a new wall, and it is close to the entrance of the village, so there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a pedestrian by reducing speed and checking the right and the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and found the victim C (the age of 78) who walked ahead of the road in the same direction as that of the Defendant’s running direction by negligence, and found the victim C (the age of 78) late, and had the victim go beyond the floor by taking the part of the victim’s right-hand arms after the left side of the vehicle on the Defendant’s driving.

Ultimately, the Defendant caused the victim to suffer an injury from an injury due to an occupational negligence, and thereby caused the death of the victim at the E hospital located in Ulsan-gu, Ulsan-gu around 15:55 on the 16th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Requests for analysis of traffic accidents;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim was negligent due to the occurrence of a traffic accident or the expansion of damage even in the area of special mitigation (two months to one year) of the two types of traffic accidents (the special mitigation factors) [the victim]. The defendant did not discover the victim who was walking along the road along the two lanes of the two-lane road in the late night and did not find the victim who was walking along the road along the two-lane road.

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