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(영문) 울산지방법원 2018.06.26 2018고단1347
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of B-learning vehicles.

On March 29, 2018, the Defendant driven the front-standing vehicle on March 19, 2018, while driving the front-standing vehicle at around 19:10, the Defendant driven the front side of the yellow elementary school at around 53 km in Ulsan-gu, Ulsan-gu, with two lanes in front of the yellow elementary school at around 53 km in that direction.

Since the restriction speed is at a point of 30km per hour, there was a duty of care to safely drive the brakes and steering gear by complying with the speed limit, making it possible for a person engaged in driving a motor vehicle to observe the speed limit, and properly manipulating the brakes and steering gear.

Nevertheless, the Defendant neglected this and proceeded with a speed exceeding approximately 23 km per hour, thereby putting the hand gate from the left side of the running direction of the above-learning vehicle to the right part of the victim C (the age of 82) crossing the road. The Defendant received the hand gate from the front part of the above-learning vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as chest damage and cardiopulmonary damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on the occurrence of traffic accidents, actual survey reports and field photographs, and replies to the request for analysis of traffic accidents;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the Defendant’s negligence exceeded the speed of the reason for sentencing under Article 334(1) of the Criminal Procedure Act and the result of death is heavy, considering the shocking situation of the victim who crosses the road divided by the sidewalk and the roadway at night, the Defendant agreed to pay 30 million won to his bereaved family, and there is no history of punishment against the Defendant and the Defendant’s mistake.

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