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(영문) 울산지방법원 2015.07.22 2015고단525
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 motor vehicle by borrowing the motor vehicle.

On 28. 201. 06:55 on 201, the Defendant driven the above car and led the U.S. KCC Industrial Complex to the Gulcheon-gun, Ulsan-gun, U.S. on the side of the racing.

At the time, it was night and without signal, so a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering system and others.

However, the Defendant neglected this and led the victim D (73 years old) who crosses the road to the port from the right side of the course due to negligence, to the front part of the said car.

After all, the Defendant caused the victim to die from severe brain damage at the F Hospital located in Ulsan-gu E on January 28, 2015 at around 09:17.

Summary of Evidence

1. Defendant's legal statement;

1. The screen of a practical survey report, on-site photograph, and a black fluore screen;

1. A death certificate;

1. Application of the Acts and subordinate statutes of the Road Traffic Authority for comprehensive traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, Article 268 of the Criminal Act-Appointment of imprisonment without prison labor;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] of the grounds for the sentencing [the grounds for sentencing] of Article 62(1) of the Criminal Act [the grounds for sentencing] general traffic accident [the scope of recommendation] general traffic accident [the victim] is also at the special mitigation area (2 to 10 months) [the victim] where there is a considerable fault in the occurrence of traffic accident or the expansion of damage, no penalty (including a serious effort to recover the damage] [the decision of a sentence] has occurred, while the victim died due to a traffic accident caused by Defendant’s negligence, while the accident occurred while the victim illegally crossed the five-lane road from the road to the five-lane road before sunrise, the comprehensive motor vehicle insurance is subscribed to and agreed with the victim, and the degree and result of the defendant’

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