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(영문) 울산지방법원 2020.07.24 2020고단1099
교통사고처리특례법위반(치사)
Text

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

except that 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 engaging in driving a designated car B.

On December 13, 2019, the Defendant driven the above car on December 06:26, 2019, and continued to drive the said car on a one-lane road of the 52-3 Do Do Do Do Do 52-3, Jindo-gun, Jindo-gun, Jin-do.

At the time, it was difficult to flow off at night, and the light of the vehicle driving the opposite vehicle could not be seen as a purely due to the light of the vehicle driving the opposite vehicle, so there was a duty of care to prevent the accident by accurately manipulating the steering gear and operating the steering gear well and accurately.

Nevertheless, the Defendant neglected this and got the victim to fall off on the floor by taking back the back part of the driving flag of the victim C(83 years old) driving in the same direction from the front bank due to negligence.

Ultimately, the Defendant caused the death of the victim due to brain damage in the E Hospital located in Jindo-gun D, Jindo-gun around 06:55 on the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of statutes governing the de facto investigation report, report on the occurrence of a traffic accident, each photograph, death certificate, and postmortem examination report;

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

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage): Reduction area and recommendation area], reduction area (including the recommendation area and recommendation area), and April through one year;

3. Determination of sentence: The crime of this case in October of imprisonment without prison labor and two years of suspended execution shall not be committed by the defendant due to his duty of care in driving, such as the duty of full-time care.

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