logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.11.04 2014고단2707
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

On March 28, 2014, at around 13:05, the Defendant driven the above truck, and proceeded with the FCC third-distance intersection from the new port to the direction of the pCC third-distance.

At the same time, the signal apparatus with on-and-off red lights is installed. In such a case, when there is a stop line or crosswalk, the driver of the motor vehicle had a duty of care to prevent accidents by temporarily driving the motor vehicle immediately before or after temporary suspension and by safely driving the motor vehicle with due care for other traffic.

Nevertheless, the Defendant neglected to stop on a stop line without temporarily suspending the said intersection, and by negligence, was placed on the right side, including the Defendant dump truck hump clothes (3-4 dump hump hump), driving the said intersection from the direction of the power plant to the cump rock in the direction of the victim E (58 years old) who driven the said intersection from the direction of the power plant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, while sending the victim to the emergency room of the Central Hospital located at 10,000, Ulsan-gu, Ulsan-gu, Ulsan-gu, 13:16 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each traffic accident occurrence report;

1. The actual condition survey report;

1. Each written result of autopsy;

1. Application of the Acts and subordinate statutes of the Road Traffic Authority to response to technical requests for analysis of traffic death accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing Sentencing [Scope of Recommendation] General Traffic Accidents Type II (Death resulting from Traffic Accidents) (4-10 months) (Special Mitigation) shall be recovered from damage resulting from punishment and non-compensation.

arrow