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(영문) 울산지방법원 2013.12.20 2013고단2043
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a C Eth Motor Vehicle.

On January 25, 2013, at around 06:55, the Defendant driven the above vehicle, and proceeded ahead of the bus stops (number: 21609) at the lower portion of the CGV in Ulsan-gu, Sungnam-dong, Ulsan-gu, which is located in the same Gu Postal Zone, to the lower portion of the cGV.

In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the crosswalk by checking whether the driver of the vehicle has no pedestrian or not, and by checking well the left and right of the crosswalk.

Nevertheless, the defendant neglected this and proceeds as it is.

From the left side of the defendant's vehicle driving direction, the victim D (the age of 49) who has dried the crosswalk on the pedestrian red signal was shocked by the front part of the defendant's vehicle.

Ultimately, at around 12:15 on February 2, 2013, the Defendant caused the death of a victim who was receiving treatment from a F Hospital located in Ulsan-gu E due to such occupational negligence, due to cerebralop and mathalopic surgery.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual survey report and on-site photographs;

1. A photograph of CCTV image data to be cut and an intersection road map for the intersection;

1. Application of Acts and subordinate statutes to death certificate, postmortem examination report, and photograph of a deceased person;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the sentencing guidelines and the area where the types of traffic accidents by the group of traffic crimes are mitigated (where any damage has been caused by considerable negligence in the occurrence of any traffic accident or the expansion of damage): April to October of any credit cooperative;

2. The result of the decision of sentence by negligence of the defendant causing the death of the victim, shall be severe;

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