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(영문) 울산지방법원 2013.09.13 2013고단2534
교통사고처리특례법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the BNS car.

On May 29, 2013, at around 11:15, the Defendant driven the above car and made a left turn to the left in order to find parking spaces on the road on the road in the 3rd road parking lot in Ulsan-gu, Chungcheongnam-gu, Busan-dong, Busan-do.

At the time, the above place is a parking lot for a shopping center where pedestrians and other automobiles are frequent, so in this case, the person engaged in driving of a motor vehicle has a duty of care to check whether there is a pedestrian walking the parking lot in good mind and to proceed safely.

Nevertheless, the Defendant did not discover the victim C (one year old) who was walking at the front section of the driver's vehicle of the Defendant with the negligence of driving the vehicle without neglecting the above duty at the front section of the driver's vehicle, and went the victim with the front wheels of the driver's vehicle of the Defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the emergency department of the E Hospital located in Ulsan-gu, Ulsan-gu at around 12:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Selection of alternative imprisonment without prison labor;

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

1. The two types of punishment under Article 334(1) of the Criminal Procedure Act, which have caused the death of the victim of one life due to the violation of the duty of care of the defendant, is very serious result.

However, there is a lot of negligence on the part of the victim who could not easily find out children due to small height in the parking lot of a large shopping center where vehicle movement frequently, and the defendant reached an agreement with the bereaved family member after the accident in this case.

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