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(영문) 울산지방법원 2014.03.10 2014고단353

교통사고처리특례법위반등

Text

Defendant shall be punished by imprisonment with prison labor for two years and fine for 200,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor bicycle C.

On November 21, 2013, at around 23:30, the Defendant, without obtaining a motorcycle driver’s license for about 5km section from the front line of the Hyundai Blue Vessel located in Ulsan-dong defense Dong-gu, Ulsan-gu to the front line of the home flusium located in the same day and at around 23:57, the Defendant driven the said motorcycle without purchasing mandatory insurance, driving the said motorcycle at a speed equivalent to about 60km in speed from the front line of the said home flussium to the front line of the same day, and driving the two lanes from the front line of the said home flusium to the front line of the same day.

The location had a duty of care to drive safely in accordance with the new subparagraph, such as reducing speed for those engaged in driving service as a long-distance intersection where signal lights are installed, and living well in the front, left, and well.

Nevertheless, the Defendant neglected this and neglected to change the vehicle driving signal to the left, and caused the victim to go left from the front part of the motor bicycle driven by the Defendant due to negligence while driving the motor bicycle in front of the left, and caused the victim to go left from the front part of the victim D(47 years old) driving in front of the motor bicycle in front of the motor bicycle driven by the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence on November 28, 2013 at G hospital located in Ulsandong-gu, Ulsandong-gu, where treatment was performed at around 09:15 on November 28, 2013, and at the same time, damaged the above motorcycle owned by the victim D to the extent of KRW 1,280,000 for repairing costs.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A death certificate;

1. Written estimate;

1. Mandatory insurance policies;

1. Detailed inquiry into stolen and stolen vehicles;

1. Application of Acts and subordinate statutes on video data concerning death accidents;

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 criminal facts resulting from occupational negligence.