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(영문) 울산지방법원 2020.07.22 2020고단1334
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 string and freight vehicle B.

On January 23, 2020, the Defendant driven the above cargo vehicle at around 13:40, and proceeded along a three-lane road of 1103 U.S. in the U.S. north-gu industry, Ulsan-gu, U.S., the Defendant received C(85) a victim (the left-hand side) who was standing a road on the left-hand side from the right-hand side of the above cargo vehicle in the course of the business negligence without properly examining the front-way and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are not properly operated.

Ultimately, the Defendant caused the victim's death by occupational negligence at around 14:41 on the same day at the E hospital located in Ulsan-gu, Ulsan-gu, to have the victim died due to the decline in blood volume, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

3. Determination of sentence: (a) the fact that the result of the death of the victim of the instant accident was an unfavorable circumstance to the Defendant; (b) the fact that the Defendant recognized the instant crime; (c) the victim is also responsible for the occurrence of the accident; (d) the fact that the Defendant agreed with the bereaved family members; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime;

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