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(영문) 울산지방법원 2017.12.07 2017고단3556
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in driving a C25 tons truck.

On July 22, 2017, the Defendant driven the above truck on July 10, 2017, and moved the front three-distance road in Ulsan-gun D to the “two king Slock” direction from the “Korean tank L” side.

In such a case, there was a duty of care to prevent accidents in advance by taking into account the traffic situation in the direction that the driver of the vehicle intends to drive, accurately operating steering devices and brakes, and safely operating them.

Nevertheless, the Defendant neglected to check the traffic conditions on the left-hand side, and received the victim F (90) who was driving on the door of the “Kangsan Industrial Complex” on the two sides of the “Wang Road” as the right-hand side of the said truck.

Ultimately, the Defendant caused the victim to die by occupational negligence on September 29, 2017 at the Ulsan National University Hospital located in Ulsan-gu, Ulsan-gu, Ulsan-do, Ulsan-do, 8777, due to her death from the blood transfusion in the two parts of credit.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. On-site photographs;

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, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] is the reason for the sentencing of Article 62(1) of the Criminal Act in general traffic accident [the scope of the recommended punishment] in the area of special mitigation (two months to one year) [the victim] where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage] [the decision of sentence] [the decision of sentence] in the case where the victim was unable to take care of the elderly victim's death due to the defendant's negligence, but an accident occurred while the victim gets on the road along with the driver's vehicle for walking aids.

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