logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.01.31 2018고단3775
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for a period of eight months and a fine of three hundred thousand won.

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

Reasons

Criminal facts

On August 20, 2018, at around 11:55, the Defendant driven the B JET14 motorcycle without a motorcycle driver's license, and driven the three-distance intersection in front of the two factories located in Ulsan-gu D Co., Ltd., Ulsan-gu, the Defendant used red signal, etc. from the E side, but caused the death by pressure of brain at the J Hospital located in Ulsan-gu, U.S., U.S., on August 15, 2018, the above three-distance intersection due to the occupational negligence driven from D Co., Ltd., in violation of the signal, and the left-hand turn from D Co., Ltd., to E, the front part of the truck truck truck truck's freight to the right side of the said motorcycle, which the victim H boarded driven on the said motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on actual conditions, a traffic accident report, the ledger of driver's license for motor vehicles, and a death diagnosis report;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, imprisonment without prison labor and option of fines;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

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

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

1. The scope of recommendations on the sentencing guidelines [the scope of recommendations] the basic area (the period of eight to two years) (special mitigation] shall not be punished / Cases where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious;

2. Circumstances disadvantageous to the reasons for sentencing: The age, character and conduct of the defendant, as well as other favorable circumstances that cause a traffic accident by violating signal signals while driving a driverless license, resulting in the death of his passengers, and the extent of damage, etc., are against the crime of this case, the defendant is against his/her husband and wife, and the victim has agreed with him/her.

arrow