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(영문) 울산지방법원 2019.11.21 2019고단2024
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On April 28, 2019, the Defendant driven the said car at a speed of about 83 km at a speed of 83 km along a two-lane along the D cafeteria located in Ulsan-gun, Ulsan-gun, an alternative underground street along the two-lane road.

It is a road with a restricted speed of 60 km and an intersection where a signal, etc. is installed, so there was a duty of care to reduce the speed below the restricted speed to those engaged in driving of motor vehicles, and to prevent accidents in advance by safely driving the front door in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 23 km per hour, and the Defendant got off the victim E (the age of 60) who was a victim E (the age of 60) driving on the right side of the left side of the motor vehicle due to the negligence in excess of the yellow flacing line in contravention of the signal.

Ultimately, at around 08:00 on May 6, 2019, the Defendant caused the death of the victim due to the above occupational negligence, such as the climatic depression, which had no open address in the G Hospital located in Ulsan-gu F, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to survey reports, photographs, death certificate, traffic accident EDR analysis reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Sentencing Criteria [Scope of Recommendation] Type II (Death, etc. of Traffic Accidents): The weighting area (one year to three years) (special persons) shall be included in the illegality of special teaching methods;

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

The facts charged are favorable to the defendant.

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