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(영문) 울산지방법원 2017.07.11 2017고단615
교통사고처리특례법위반(치상)
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 the operation of the CMW car.

On January 4, 2017, the Defendant driven the above vehicle at around 16:20, while driving the vehicle, and proceeded at a low speed, depending on the two-lane distance from the side of the terminal to the distance from the terminal of the cross-country bus terminal in the south-gu Busan Metropolitan City, Ulsan-do.

There is a four-lane road in which a yellow center line is installed, and a limited speed is 60 km per hour, so a person engaged in driving motor vehicles has a duty of care to prevent accidents by complying with the speed and speed limit and by accurately operating steering gear and brakes.

Nevertheless, the Defendant neglected to do so and was negligent at a speed exceeding 64 km a speed exceeding 64 km a speed of 124 km a speed, which was left at the right side of the victim D(36 cm) who was driving at the right side of the mab-on truck, and received the chief part of the right side of the eb-on truck from the Defendant’s driver’s vehicle.

As a result, the Defendant suffered injury to the victim, such as damage to the number of flags, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, on-site photographs, and a gold receipt;

1. Statement of opinion, etc.;

1. Application of Acts and subordinate statutes to each investigation report [the investigation of suspect A's vehicle speed forecast), and (the investigation of a relationship between a violation of the speed of a BMW car and an accident and a person involved)];

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of fines for criminal facts;

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 speeded exceeding 64 km a speed exceeding that of the Defendant’s speed, and the victim’s vehicle has already been confirmed by the black box of the Defendant vehicle.

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