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(영문) 울산지방법원 2015.01.05 2014고정2111

도로교통법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car in B SP area.

On August 28, 2014, at around 12:00, the Defendant driven the above vehicle and proceeded directly at the speed of the mother line of the coast guard station, leading the road to the direction of the mother line of the coast guard station.

Since there is a remote distance in which traffic control is not performed, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily suspending the vehicle.

Nevertheless, due to the negligence of neglecting this, the front portion of the victim C(I, 46 years old) driving directly from the right side of the vehicle driving of the defendant's vehicle C(I, 46 years old) was received in front of the right side of the defendant's vehicle.

Ultimately, the Defendant damaged the property amounting to KRW 2,372,70, such as the replacement of the damaged vehicle in front of the damaged vehicle by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident actual condition investigation report;

1. Application of the written estimate statutes;

1. Relevant Article 151 of the Road Traffic Act and Article 151 of the Act on the Punishment of Criminal Crimes and Selection of Punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59(1) of the Criminal Act (the suspended sentence: fine of 500,00 won; fine of 500,000 won; the defendant recognized the crime and did not have any previous record; the defendant committed the crime of this case while working to establish school expenses as university students’ status; and the defendant committed the crime of this case; and the victim’s damage was recovered, etc.);