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(영문) 울산지방법원 2016.11.30 2016고단3534
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving treatment B,11.5t trucks.

On May 12, 2016, the Defendant driven the instant truck on May 12, 2016, and driven the road inside the “dub tunnel” located at a point of 219.5 km in the Gyeongwon-si, Jungwon-si, Daejeon-si, Chungcheongnam-si, which is located at a point of 219.5 km from the “Masan” bank, along the two-lanes of the two-lane road.

At the same time, the cargo vehicle called the victim COperation D in the front direction was driven along the vehicle at the string of the cargo vehicle. At the front of the cargo vehicle, the cargo vehicle was in the e-operation Frast passenger vehicle, the HGX passenger vehicle in G operation, and the JGX Track Track cargo in order. In such a case, there was a duty of care for those who are engaged in driving a motor vehicle to display the troke and accurately operate the brake system.

그럼에도 불구하고 피고인은 이를 게을리한 채 그대로 진행한 과실로, 위 트라고 화물차의 뒤범퍼 부분을 위 장축카고트럭의 앞범퍼 부분으로 들이받고, 그 충격으로 튕겨져 나온 위 트라고 화물차로 하여금 선행하던 위 레조 승용차를 들이받게 한 뒤, 순차적으로 위 레조 승용차, TGX 화물차, 현대트랙터 화물차가 서로 들이받게 하였다.

Ultimately, the Defendant caused the victim's death by occupational negligence at around 01:54 on the same day, such as a cardio-human shock in the tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Each statement of E, G, and I prepared;

1. Application of Acts and subordinate statutes to a survey report on the actual condition and a corpse inspection report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Although the suspended execution is a matter of the result of death under Article 62(1) of the Criminal Act, it is inevitable to view that the case itself is the criminal liability of the defendant, there is no record of punishment for the same crime and there is no criminal record of suspended execution or more.

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