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(영문) 울산지방법원 2013.09.13 2013고단2483
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B B-II cargo vehicle.

On April 19, 2013, the Defendant driven the above vehicle on April 14:30, 201, and led to the flow of the chemical service distance from the border of Ulsan Airport to the upper radiation distance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this and got the victim C(74 years old) driving on the right side of the upper radioactive distance from the front side of the Defendant’s vehicle to turn to the left by negligence in violation of the signal, and caused the injury of the victim, such as external shocking, by taking the upper right side of the Defendant’s vehicle, and making the victim go to the upper right side of the upper radioactive distance pursuant to the new code.

Ultimately, at around 19:14, on April 19, 2013, the Defendant had the victim receive treatment from the F Hospital located in Ulsan-gu E, Ulsan-gu, and caused the victim's death due to the decline in blood volume, shock, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. In the event of an accident that causes the death of a victim by driving in violation of the signals by the defendant under Article 62(1) of the Criminal Act, the results of the accident is very important, and the causes of the accident are the error of the defendant.

However, considering the fact that the defendant has agreed with his bereaved family members, the fact that there is no criminal history to consider except minor fines, and the fact that the defendant is divided in depth, the punishment as ordered shall be determined.

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