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(영문) 울산지방법원 2013.09.05 2013고단2560
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving of a car in the SP area B.

On April 18, 2013, the Defendant driven the above car on April 03:47, 2013, and driven the two-lane road in the Yongcheon-dong, Ulsan-gu, Ulsan-do, Seoul-do, Seoul-do, with two-lanes of coal room from the area of the Taecheon-do river basin to the area of coal room.

At the time, the location is night, and the speed is 70 km per hour, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by observing the speed limit well and by checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this, while driving at a speed exceeding 37 km per hour, was unable to see the victim C(the age of 31) who was under the influence of alcohol on the front bank and served as it is.

Ultimately, the Defendant caused the death of the above C due to the above occupational negligence, namely, the injury to two parts, etc. from the seat.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

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

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. Suspension of execution shall be decided as above on the grounds of not less than Article 62(1) of the Criminal Act (i.e., agreement with the victim as the beginning offender and the negligence of the victim occurring on the road is concurrent).

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