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(영문) 울산지방법원 2016.01.21 2015고단2973

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On October 16, 2015, around 04:51, the Defendant, at a point of 14.6km from the border line on the expressway north-dong in Yangsan-si, Yangsan-si, 14.6km to the Seoul west-do, one lane from the Myeon of Busan to the Myeon of Seoul.

At night and at all times, the victim C(42) driver's d's d's d'burged car was set at the front section of the said car in front of the accident due to the causes not attributable to the victim's d's d'(42) driver's d's d's d'burt, and therefore, the driver's d's d'd'd d'd'd d'd'd'd d'd'd'd d'

Nevertheless, the Defendant neglected this and proceeded as it was due to negligence, and received the left side of the said car from the front part of the said car.

Ultimately, the Defendant caused the victim C to die due to the above occupational negligence at the Busan National University Hospital's middle patient's clinic located in 20 Geum-gu, Yangsan-si, Yangsan-si around 12:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A survey report on actual conditions;

1. Investigative report (19 first-aid crew members' statement), investigation report (referring to the victim's direct cause of death), investigation report (the victim's direct cause of death), investigation report (the investigation report of the reporter G), investigation report (the telephone statement of the 112 reporter H), investigation report (the investigation of the witness E); and investigation report (the investigation of the second witness E);

1. A death diagnosis report or postmortem report;

1. Application of Acts and subordinate statutes to photographs of accident scene, postmortem photographs, and photographs of accident vehicle;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.