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(영문) 울산지방법원 2016.05.31 2016고단1052
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2016, at around 14:40, the Defendant driven a B B pl truck and proceeded along the three-lanes of the three-lane road in front of the Crocus apartment, which is located on the one-lane in the city of Chungcheongnam Nam-si, Yangsan-si, Chungcheongnam-do, with three-lanes of the road in front of the Crocus apartment.

In this case, there was a duty of care to safely drive a motor vehicle driver by checking well the right and the right and the right and the right and the duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by taking the right shoulder part of the victim C (V, 70 years of age) who dried a road on the right side from the left side of the front bank as it is, by negligence, on the front part of the Defendant’s truck.

Ultimately, the Defendant caused the death of the victim by occupational negligence as seen above due to the diversified damage in his job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accidents in Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of the recommended sentence] general traffic accidents in Article 62(2) [the person subject to special mitigation] who is not subject to punishment [the person subject to special mitigation] under the mitigated sentence [the person subject to special mitigation] [the sentence] shall be determined as per the disposition in consideration of all the conditions for sentencing

Unfavorable circumstances - The result of the crime of this case is significant as the victim dies, and the defendant has been sentenced to a fine for the same kind of crime once.

- The defendant was in progress three lanes, and the victim was found in advance, so there was a possibility of predicting this accident.

The victim's negligence contributed to the occurrence of this accident by crossing the road without permission.

- The bereaved family members under an agreement with the bereaved family members of the victim shall be the defendant.

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