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(영문) 울산지방법원 2013.10.28 2013고단3104

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Switzerland car.

On July 23, 2013, at around 20:55, the Defendant driven the said car, and changed the course to three-lanes at the entrance of the two-lane village in Ulsan-gu, Ulsan-do, the entrance of the two-lane village into the east-dong, Ulsan-do, Ulsan-do, the two-lanes from the west Bridge to the west Ampha Chumb, the two-lanes of the two-lanes.

In such cases, when it is likely to obstruct the normal passage of other vehicles running in the direction of change to a person engaging in driving of a motor vehicle, he/she shall not change course, and he/she has a duty of care to prevent accidents by safely changing the lanes by operating direction, etc. in advance and properly examining the surrounding traffic conditions.

Nevertheless, by occupational negligence, the defendant neglected this and changed the two lanes from the two lanes to the three lanes, and caused the victim D(59) who driven a Crens car in the same direction as that of the defendant's car in the same direction as that of the defendant's car. In order to avoid the collision with the defendant's car, the defendant, who was set up on the right side of the victim's car in front of the passenger car in the direction to the right side while changing the direction to the right side.

Ultimately, at around 21:00 on July 23, 2013, the Defendant caused the victim to die due to blood plessis, etc. in the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

1. A written result of autopsy;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report and photographs attached thereto (Evidence Nos. 10,11,24);

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 facts constituting an offense;

1. The fact that the defendant under Article 62 (1) of the Criminal Act reflects in depth in this court and that an agreement has been reached between the defendant and the bereaved family member;