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(영문) 울산지방법원 2020.04.24 2020고단526
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of five million won.

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 a Bchid hybrid car.

On September 5, 2019, the Defendant driven the said car at around 22:20 on September 5, 2019, while driving the said car and driving the two-lane road in front of the Dschool Industry-Academic Cooperation Center in Jinju City along a one-lane from the Jinyang intersection to the front side of D School. On the part of the victim E (78 years old) driving a bicycle driving on the right side from the left side of the E-V driving direction of the said car, without thoroughly examining the front side and the right side and operating the steering system accurately.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Gan University Hospital located in Jinnam-ro 79, Jinnam-ro, on September 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an accident site photograph;

1. A report on internal investigation, report on internal investigation (referring to the details of the occurrence of an accident), and report on internal investigation (referring to franchises for vehicles and final points of bicycle riders);

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The instant traffic accident brought about by the Defendant who was disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, resulting in the occurrence of the victim’s life-sustaining consequence.

In light of the circumstances in which the defendant's vehicle and the defendant's vehicle that had driven along one lane of the two-lane road while a favorable normal victim crosses a bicycle outside of a crosswalk at night (the victim seems not to have carried any particular protective equipment) and the fact that the defendant cannot be forced at the time.

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