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(영문) 울산지방법원 2018.03.29 2018고단134

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of fixed cargo C.

On December 1, 2017, the Defendant proceeded from the intersection to the intersection of Thailand, about 77.4 km from the direction of the king of Taedo-ro 240, Seogsan-gu, Ulsan-gu, Taegcheon-do, to the direction of Taedo-ro 7.4 km.

At the time, the speed of restriction is 30km per hour, and the crosswalk is installed. In such a case, there was a duty of care to reduce the speed and prevent accidents in advance by properly examining whether there is any person driving the vehicle.

Nevertheless, the Defendant neglected this and found the victim D (82) who dried the crosswalk due to the negligence of going beyond the speed limit, and caused the victim to go beyond the floor by taking the victim into account the left side of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim from the F Hospital parking lot located in Ulsan-gu E around December 1, 2017 due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of traffic accidents;

1. A survey report and photograph of actual condition;

1. Application of Acts and subordinate statutes to autopsy records and autopsy records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

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 on the Aggravated Punishment of the Provisional Payment Order is that this case is driven in excess of a speed of 40km or more by the defendant, and the nature of the crime is good. However, there are extenuating circumstances such as the defendant's payment of a reasonable amount to the victim after the crime of this case after the crime of this case and the fact that there is no record of punishment related to vehicle operation. Thus, the defendant's age, occupation, sex, including the above circumstances.