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(영문) 울산지방법원 2017.02.03 2016고단4647
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2016, the Defendant driven a B car around 06:34, and driven the D's three-lanes in the middle-gu Seoul Metropolitan City, Ulsan Metropolitan City, along the three-lanes in front of the D's oil station in Ulsan Metropolitan City, the Defendant proceeded along the three-lanes from the Gu office to the three-lanes in the Eastern Apartment Space.

At the time of sunrise, there was a duty of care to prevent accidents by safely driving a motor vehicle, such as taking the front door and left door well, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and found the victim E (the 85 years old) crossing the road from the left side of the Defendant’s running direction to the right side of the road, and went beyond the floor by receiving the victim from the front part of the Defendant’s motor vehicle.

The defendant's occupational negligence caused the victim's death from the job to the multi-faceted body.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. A corpse death certificate;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment (Selection of Imprisonment without prison labor)

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

1. The sentencing guidelines shall be recommended [the types of decisions on the types of general traffic accidents] No. 2 (the death of a traffic accident) (the person subject to special sentencing): Where the victim has been negligent due to the occurrence of a traffic accident or the expansion of damage (the victim without permission to cross the drum of the six-lane road in the situation before sunrise), the amount of punishment shall not be punished (including the amount of recommended punishment), 2 months to 1 year (the area of special mitigation) [the scope of general sentencing person] mitigation factors: there is no subscription to the comprehensive motor vehicle insurance and no record of criminal punishment [the suspension of execution]; there is no significant reason for the occurrence of a traffic accident or the expansion of damage. The main reason for affirmative consideration is to expand the damage of the victim.

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