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(영문) 울산지방법원 2016.07.19 2016고단1486

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2015, the Defendant driven a Crocketing car around 09:00, and driven a two-lane road in front of the runway distance at the time of two weeks at the time of two weeks at a speed of 70 km per hour from the 09:00, the two-lane road in front of the runway distance at the time of two weeks.

There are 70km and yellow solid lines, so in this case, those engaged in driving motor vehicles have the duty of care to maintain their own lanes, keep their speed and prevent accidents in advance by driving on the right side of the center line.

그럼에도 피고인은 이를 게을리 한 채 갑자기 속도를 시속 105km 이상으로 올리면서 1 차로와 2 차로를 빠르게 오가며 진행하다가 중앙선을 침범하여 반대 차로의 1 차로에서 진행 중이 던 피해자 D(69 세) 운전의 코란도 승용차의 앞 부분을 들이받아 코란도 승용차가 반대 차로의 2 차로로 튕겨 나가면서 2 차로를 진행하던 화물차 조수석 옆 부분을 들이받은 후 다시 좌측으로 회전하며 뒤쪽으로 튕겨 나가 피해자 E(60 세) 이 운전하는 콘크리트 펌프 건설기계 차량의 앞부분을 들이받게 하였다.

Ultimately, the Defendant suffered injury to the victim E in the above occupational course, which requires approximately two weeks of medical treatment, and at the same time, caused the victim D to die in the part of a long-term function due to the cage of cryp, cerebral blood transfusion, and frying of fry at the Government Bag Hospital around November 17, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the F, G, E, H, I, and J;

1. A written statement;

1. A survey report on actual conditions and a report on occurrence;

1. Each photograph;

1. An inquiry into the enemy and mandatory insurance;

1. A report on internal investigation:

1. A written diagnosis, written estimate, or written result of inspection;

1. Requests for traffic accident analysis and application of Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 2 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Commercial concurrence;